IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH MAY 2008 / 26TH VAISAKHA 1930 Bail Appl..No. 3079 of 2008() ----------------------------------------- (CRIME NO.286 OF 2008 OF PERINTHALMANNA POLICE STATION) PETITIONER-ACCUSED: ------------------------------------ 1. K. MOHAMMED, AGED 32 YEARS, S/O. ALI HAJI, KUNNATH HOUSE, POST THIRURKADU, VALAMBUR VILLAGE, PERINTHALMANNA. 2. K.T. ISMAIL, AGED 37 YEARS, S/O. ABOO MUSALIAR, KIZHAKKETHALAKKAL HOUSE, POST PUTHANANGADI, ANGADIPURAM VILLAGE, PERINTHALMANNA. 3. K.T. HANEEFA, AGED 37 YEARS, S/O. MOHAMMED KUTTY, KADANTHODI HOUSE, POST VALAMBUR, VALAMBUR VILLAGE,PERINTHALMANNA. 4. C. SHIHAB @ SHIHABUDHEEN, AGED 27 YEARS, S/O. MOIDEEN, CHOLAYIL HOUSE, POST ANGADIPURAM, ANGADIPURAM VILLAGE, PERINTHALMANNA. 5. K. HARIS, AGED 30 YEARS, S/O. HAMZA, KALATHIL HOUSE, POST ARIPRA, ANGADIPURAM VILLAGE, PERINTHALMANNA. BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT: ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S. BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K.MOHANAN, J. -------------------------------- Bail Application No. 3079 of 2008 -------------------------------- Dated this the 16th day of May, 2008 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioners who are the accused in Crime No.286/2008 of Perinthalmanna Police Station for offences punishable under Sections 143,147 read with 149 I.P.C. and Section 3 of P.D.P.P.Act, seek anticipatory Bail. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed bearing in mind the decision in Sukumari v. State of Kerala (2001 (1) KLT 22). With the above observation, this Application is disposed of . V.K.MOHANAN, Mbs/ JUDGE B.A.No. :-2-: