IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 2869 of 2010() ----------------------------------------- CR. NO.65/10 OF TALIPARAMBA POLICE STATION, KANNUR DT. ........... PETITIOENR/ACCUSED NO. 1 ------------------- MUHAMMED SALIH, S/O. MUSTHAFA, AGED 22 YEARS, M.K. HOUSE, KUTHIRAPURAM, ARIYL P.O., PATTUVAM AMSOM, TALIPARAMBA TALUK, KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT ------------------------- STATE THROUGH THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT, (CRIME 65/2010 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT)REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 2869 of 2010 ------------------------------------ Dated this the 20th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner(A1) along with two others formed themselves into an unlawful assembly and trespassed into a shop of de facto complainant and set fire to the shop and committed various offences. The incident happened on 16.01.2010. Petitioner was arrested on 26.04.2010. 3. Learned counsel for petitioner submitted that this case is falsely foisted due to political rivalry. Petitioner is a sympathiser of Muslim League and the de facto complainant is a worker of CPI (M). De facto complainant took Sathyagraha in front of the police station and police was forced to register a case against the petitioner and others. Petitioner is innocent of the allegations made, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the nature of allegations made and the stage of investigation, it is not proper to grant bail at this stage. It is likely that petitioners may abscond and they may B.A. No. 2869 of 2010 2 influence or intimidate the witnesses and also tamper with evidence. 5. On hearing both sides, considering the stage of investigation, I am satisfied that the submissions made by learned Public Prosecutor and I am not inclined to grant bail to the petitioner at this stage. There is nothing to record to probabilise or support plea of false implication put forward by petitioner. This petition is dismissed. K. HEMA, JUDGE ln