IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Bail Appl..No. 4919 of 2008() ----------------------------- CRIME NO.135/08 OF KADAKKAVOOR POLICE STATION PETITIONER : ACCUSED ------------------------ SAFARULLAH.S, S/O. SHAMSUDHEEN, AGED 35, SAFAR MANZIL, MANNANAKKAVU. BY ADV. SRI.P.M.HABEEB RESPONDENTS: ------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, KADAKKAVOOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4919 of 2008 ----------------------------------------- Dated this the 4th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 114, 115, 120B, 324 and 307 read with 34 of Indian Penal Code. Petitioner is the fifth accused in the crime. The crime was originally registered under Sections 308 and 324 of Indian Penal Code, which was altered to Sections 307 and 34 IPC. 3. According to learned counsel for petitioner, this is an offshoot of a dispute between the de facto complainant and the first accused in connection with a Mosque. Some incident happened and a complaint was lodged by the de facto complainant implicating the first accused by name. The names of the petitioner and other accused were not shown in the FIR. But, subsequently, because of political influence, others are arrayed as accused in the crime. 4. It was also pointed out that the third and fourth accused were granted anticipatory bail by this Court. Petitioner is the fifth accused, who was brought to the array of accused at a subsequent stage. No specific overt act is lodged against the petitioner or any other, except the first accused. Anticipatory bail filed by the first BA.4919/08 2 accused was dismissed as withdrawn. In the above circumstances, the petitioner prays for grant of anticipatory bail. 5. On hearing both sides, I find that anticipatory bail can be granted to the petitioner especially since accused 3 and 4 were granted the same relief and their involvement is different from that of the first accused in the crime. Hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from day and if any bail application is filed, the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on condition that he will co- operate with the investigation. Petition is allowed. K.HEMA, JUDGE vgs.