IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Bail Appl..No. 5500 of 2008() ----------------------------- CRIME NO.109/08 OF VADAKKEKAD POLICE STATION PETITIONER : IST ACCUSED ---------------------------- SHANI ABOOBACKER @ SHANI, S/O. MOHAMMEDALI, KOTTARAPPATTU HOUSE, PENGATTUTHARA DESOM, VADAKKEKAD VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5500 of 2008 ----------------------------------------- Dated this the 17th September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 447, 427, 308, 506(ii) and 153(A) read with 149 of Indian Penal Code. According to prosecution, petitioner, along with other accused, formed themselves into an unlawful assembly, armed with deadly weapons and in prosecution of common object of causing communal hatred, attacked the houses of the workers of RSS, caused damage to the articles etc. 3. The incident occurred on 16.2.2008 and the petitioner was arrested on 13.8.2008. He is the first accused in the crime. Learned Public Prosecutor submitted that the offence is an offshoot of a communal rivalry. Petitioner is required for arrest under the Prevention of Anti Social Activities Act and hence, this petition is opposed. It is also submitted that he is involved in other cases of similar nature. 4. On hearing both sides, I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K.HEMA, JUDGE vgs.