IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6272 of 2008() ----------------------------- CRIME NO.203/2008 OF SREEKANDAPURAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.13,14,15,16,19 & 20. ---------------------------------------------------------------- 1. C. ABOO, S/O. SOOBIKUTTY, 56 YEARS, I RETIRED TEACHER, SREEKANTAPURAM, KANNUR DISTRICT. 2. P.K. MUHAMMADALI, S/O. MOIDEENKUTTY, 27 YEARS, PAZHAYANGADI, SREEKANDAPURAM, KANNUR DISTRICT. 3. AYOOB U.P. UPPALAKANDI PUTHIYA PURAYIL, S/O. USSAN, 34 YEARS, PAZHAYANGADI, SREEKANDAPURAM, KANNUR DISTRICT. 4. K.SHAKKIB, 22 YEARS, S/O. FATHYIMA, KUTTANATAKATH HOUSE, SREEKANDAPURAM, KANNUR DISTRICT. 5. K. HAKKIM, 22 YEARS, S/O. FATHIMA, KUTTANTAKATH HOUSE, SREEKANDAPURAM, KANNUR DISTRICT. 6. KALIYATH GAFOOR, S/O. ABDULLA, 27 YEARS, SREEKANTAPURAM, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA (THE SUB INSPECTOR OF POLICE, SREEKANDAPURAM POLICE STATION CRIME NO.203/2008 OF SREEKANDAPURAM POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6272 of 2008 --------------------------------------------- Dated this the 10th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147 and 148 read with Section 149 IPC and Section 3(1) of Prevention of Destruction of Public Property Act. Petitioners are accused nos.A11, 14, 15, 16, 19 and 20 in the crime. According to prosecution, petitioners along with other accused (50 persons approximately) formed into an unlawful assembly and pelted stones at a Grama Panchayath office and caused damage to the building. 3. Learned counsel for petitioners submitted that petitioners are not named in the FI statement. But, only the first accused is named and even though specific overt act is alleged against the first accused, he was granted anticipatory bail by the learned Sessions Judge as per order dated 16.9.2008 in Crl.M.C.No.1284/08. Hence, petitioners may also be granted the same benefit, it is submitted. According to him, an attempt is made under political influence to implicate as many persons as BA No.6272/08 2 possible as the ruling party wishes. Hence, petitioners' names are also now being dragged into the array of the first accused. 4. This petition is opposed. Learned public prosecutor submitted that more or less at the same time and place, two more crimes were committed by the offenders and crimes were registered as crime nos.206 and 202 of 2008 and it is not a fit case to grant anticipatory bail. 5. On hearing both sides and on going through the order passed by the learned Sessions Judge, it is clear that anticipatory bail was granted to the first accused, though the learned Sessions judge found that it is not a fit case to grant anticipatory bail. Specific directions are issued that the first accused shall be released on bail in the event of arrest or on his surrender before the Magistrate Court. It is clear from the submissions made that petitioners are not specifically mentioned in the First Information Statement. There only general allegations that stones were pelted. But, the person named in the First Information Statement was directed to be released on bail in the event of arrest or surrender. In such circumstances, I do not find any reason why the same benefit granted to first accused be BA No.6272/08 3 refused to others. In the peculiar facts and circumstances, I issue the following directions: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer within three days of release on bail and they shall make themselves available for interrogation and co-operate with the investigation. (ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl