IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 3969 of 2009 CRIME NO.273 OF 2009 OF PERINTHALMANNA POLICE STATION PETITIONER/ACCUSED NO.3. -------------------------------------------- A.ABOOBACKER, P.O.MATTARAKAL, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT:RESPONDENT ------------------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3969 OF 2009 ------------------------------------------------------ Dated this the 15th September, 2009 O R D E R Accused No.3, A.Aboobacker, in Crime No.273 of 2009 of Perinthalmanna Police Station, has filed this application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The offences alleged against the petitioner and the other accused are under Sections 307 and 506(ii) read with Section 34 of the Indian Penal Code. 3. On 9.4.2009 at about 11.15 AM, one Asif Ali sustained injuries due to stabbing. The incident occurred at Mattarakal Bazaar. At 1 PM on that day, the First Information Statement of one Biju was recorded. In the First Information Statement, it was alleged that the first accused, namely, Jafar @ Pathiri Jafar, stabbed Asif Ali. Asif Ali tried to escape. Even thereafter, he was chased by Jafar and another person and he was again stabbed. Asif Ali sustained serious injuries and he was taken to the hospital. The petitioner is not shown as an accused in the First Information Statement. During investigation, it was revealed that the incident occurred and the offence was committed as directed and at the instance of the petitioner. According to the prosecution, the accused B.A. NO.3969 OF 2009 :: 2 :: persons conspired together and attacked Asif Ali. Asif Ali was an accused in a case in which the petitioner was the de facto complainant. Asif Ali was granted anticipatory bail. It was during that period, according to the prosecution, Asif Ali was attacked by the accused persons. 4. The petitioner claims that he is engaged in cultural and charitable activities. He has founded a charitable trust under the name and style “Deshasnehi” at Perinthalmanna. It is stated that the Trust was registered in the year 2005. The petitioner is the Chairman of the Trust. The petitioner was fighting against the liquor lobbies. He even filed a Writ Petition before the High Court to see that a toddy shop is shifted from a place. According to him, his cultural and social activities were not to the liking of several persons and there was an attempt to malign him among the general public. 5. According to the prosecution, there arose lot of complaints against the activities of the petitioner. In the name of the Trust, the petitioner was indulging in unlawful activities. Mass petitions were being filed by the local public against the activities of the petitioner. Asif Ali had a quarrel with the petitioner. The petitioner was infuriated by the acts of Asif Ali. The conspiracy was hatched in these circumstances. B.A. NO.3969 OF 2009 :: 3 :: 6. In the First Information Statement itself, there is mention of the acts of Asif Ali against the petitioner. It is stated in the First Information Statement that the first accused proclaimed after stabbing Asif Ali that the same fate would occur to all who dare to touch Backer. According to the prosecution, Backer is the petitioner. 7. The injuries sustained by Asif Ali are grievous. Stab injuries were inflicted on him. He was in the hospital for several days. Learned Public Prosecutor submitted that if anticipatory bail is granted to the petitioner, it would seriously affect the progress of the investigation of the case. 8. In the facts and circumstances mentioned above, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/