IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 Bail Appl..No. 174 of 2009() ----------------------------------------- (CRIME NO.1016 OF 2008 OF KASARAGOD POLICE STATION) PETITIONER:1ST ACCUSED: ---------------------------------------------- SAHAD, S/O. ABBAS, 6/91,MEEPUGARI, RAMDAS NAGAR FOREST, KASARGOD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KASARAGOD POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 174 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 323, 324 read with section 149 IPC. According to prosecution, petitioner (A1) along with 2nd accused and four identifiable persons formed themselves into an unlawful assembly and assaulted de facto complainant, using dangerous weapon and also uttered certain words with intention to raise hatred between two groups of people on the ground of religions and thereby committed various offences. 3. Learned counsel for petitioner submitted that petitioner is 1st accused and no serious injuries are sustained by de facto complainant and hence, petitioner may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made are serious in nature. Offence under section 153A IPC is involved and words uttered by petitioners are are sufficient to raise communal disharmony and hatred and hence, it is not a fit case to grant anticipatory bail. BA 174/2009 -2- 5. On hearing both sides and on going through the case diary, I am satisfied that this is not a fit case to grant bail at this stage case to grant anticipatory bail. Crime was registered as early as on 29-12-208 and petitioner is not available for arrest or interrogation. Therefore, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.