IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2233 of 2008() ----------------------------- CRIME NO. 108/08 OF MALAPPURAM POLICE STATION PETITIONERS : ACCUSED NO. 5&6 -------------------------------- 1. SIDHIKH K.M., S/O.MUHAMMED K.V. KAVILAVAPPIL HOUSE, PANTHAVOOR, ARAANKODE P.O. 2. ROHITH A.M., S/O.NARAYANAN A.M. ATHIKKOTTU MALIYEKKAL HOUSE, EDAPPAL P.O. THATTANPADI. BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, SUB INSPECTOR OF POLICE MALAPPURAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2233 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 5 and 6. Altogether there are 15 accused persons. A1 to A6 alone are named in the F.I.R. The accused face allegations in a crime registered alleging commission of offences punishable, inter alia, under Section 3 of the PDPP Act. That is the only non- bailable offence alleged. 2. The crux of the allegations against the petitioners is that in the name of conducting a protest march, they along with the co-accused indulged in wanton acts of mischief and violence and caused damage to a jeep belonging to the Manjeri Municipality. Damage to the tune of Rs.4,000/- was suffered by the said jeep. Investigation is in progress. Accused 1 to 4 have already been arrested. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They belong to the B.A.No. 2233 of 2008 2 opposition political outfit and that is why vexatious allegations are raised against them by the police in an attempt to oblige their political masters. In any view of the matter, the petitioners do not deserve to suffer the trauma of arrest and detention. They may be granted anticipatory bail, it is prayed. 4. The learned Prosecutor opposes the application. All the available indications point to the culpability of the petitioners. They are named specifically in the F.I.R. The right to descent cannot be deteriorated into a licence for the acts of violence and mischief, submits the learned Prosecutor. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I find absolutely no reason available at the moment to doubt, suspect or discard the version of the prosecution. I agree with the learned Prosecutor that this is a fit case where the petitioners must resort to the ordinary and normal procedure of appearing before the Investigator or the learned Magistrate having jurisdiction and then seek regular bail in the ordinary course. B.A.No. 2233 of 2008 3 6. This application is accordingly dismissed. I may however hasten to observe that if the petitioners appear before the learned Magistrate and apply for bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass orders on merits, in accordance with law and expeditiously. (R. BASANT) Judge tm