IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4728 of 2008(E) ----------------------------- (CRIME NO.565/2008 OF THE THAMARASSERY POLICE STATION) PETITIONERS/ACCUSED: --------------------- 1. A.P.ABDUL MAJEED, 41 YEARS, S/O.MOHAMMED, AMIYAM POYIL, PALAKUTTY, KODUVALLY. 2. K.K.ABDUL KHADER, 32 YEARS, S/O.ABDULLA, KARIMPARA POYIL, MANIPURAM P.O. 3. M.K.MOHAMMED, 32 YEARS, S/O.MOOSA, MAILANCHI KARAMMAL, P.O.VAVAD, KODUVALLY. 4. P.MOIDEEN KOYA, 29 YEARS, S/O.MAMMI, THGOTTUNGARA, SOUTH KODUVALLY, KODUVALLY. 5. ABDUL NAZAR E.K., 34 YEARS, S/O.HAMZA, EDAKKANDY, VAVAD, KODUVALLY. 6. NASEEM.M., 21 YEARS, S/O.ABDU HAJEE, PALAKUTTY, KUNNUMMAL, KODUVALLY. 7. ABDUL AZEEZ, 36 YEARS, S/O.ABU, PEKKANDIYIL, VAVAD, KODUVALLY. 8. N.P.RASHEED, 21 YEARS, S/O.MOHAMMED, NAROOKKIL, KODUVALLY. 9. SUBAIR, 30 YEARS, S/O.ABDULLA, PALAKUNNUMMAL, KODUVALLY. 10. SALEEM, 25 YEARS, S/O.KUNHAYAMMED, MADUKOOTIKAYIL HOUSE, KODUVALLY. BY ADV. SRI.K.A.SALIL NARAYANAN Bail Appl..No. 4728/2008 RESPONDENT: ----------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008 ,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4728 OF 2008 ------------------------------ Dated this the 30th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 323, 294(b), 353, 448 read with Section 149 I.P.C. According to the prosecution, on 18.07.2008 while the Cluster Meeting of the teachers was going on, certain persons marched into the place where meeting was held and assaulted the teachers and destroyed the controversial text book, and a crime was registered under Sections 143, 147, 323, 294(b), 353, 448 read with Section 149 I.P.C. They obstructed the teachers from proceeding with their meeting, in the course of the official duty. 3. Learned counsel for the petitioners submitted that the name of none of the petitioners are mentioned in the F.I.R. But the petitioners are leaders of a political party and they are dragged into the offence and falsely implicated. It is also submitted that they may not be required for any custodial interrogation. B.A.4728/2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that 1st, 5th and 7th petitioners are accused nos.1 to 3 in the crime respectively. There are 50 accused in the case altogether, out of which, the identity of 10 persons are already disclosed in the investigation. The identity of others is to be found out and they are to be identified by the witnesses. They will be required for custodial interrogation. If anticipatory bail is granted, it will adversely affect the investigation, it is submitted. I am satisfied of the submissions made. Only because the persons are not named in the F.I.R. it may not be possible to say they are innocent. The persons who are implicated as accused will be required for interrogation and, as pointed out by learned Public Prosecutor, the involvement of other petitioners in the offence cannot be ruled out at this stage, and hence it may not be proper to grant anticipatory bail to the petitioners, in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE pac