IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 Bail Appl..No. 6515 of 2008() ----------------------------- CRIME NO.352/08 OF CHANDERA POLICE STATION PETITIONER/ACCUSED -------------------------------------- 1. THULLI ZAMEER, BEERICHERY, P.O.THRIKARIPUR, KASARKODE DISTRICT. 2. SAFAD, S/O. ABUDAKKAR K.K.P. NEAR BAS STAND, THRIKARIPUR, KASARKODE DT. 3. IBRAHIM, NEELAMBAM P.O. THRIKKARIPUR, KASARKODE DISTRICT. 4. NOORU, BEERICHERY, THRIKARIPUR, KASARKODE DISTRICT 5. SHAREEF, BEERICHERY, THRIKARIPUR, KASARKODE DISTRICT. 6. SABITH @ SABIR, BEERICHERY, THRIKARIPUR, KASARKODE DISTRICT 7. TICK IRABIM, BEERICHERY THRIKARIPUR, KASARKODE DISTRIT 8. AUTO RAHMATHULLA, BEERICHERY, THRIKARIPUR, KASARKODE DISTRICT. 9. SHUHAIB, BEERICHERY, THRIKARIPUR, KASARKODE DISTRICT. 10. K.M.KUNHI, THALICHALAM, P.O. ELEMBACHI, THRIKARIPUR, KASARKODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPD. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6515 of 2008 ----------------------------------------- Dated this the 4th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 308 and 149 of the Indian Penal Code. According to prosecution, on 6.10.2008 at about 9.30 PM, accused formed into an unlawful assembly and attacked de facto complainant due to political enmity with deadly weapons and committed various offences. 3. Learned Public Prosecutor submitted that petitioners are accused 2 to 11. Except first accused, other accused are not arrested in the crime. Petitioners are required for the purpose of investigation and also for recovery of weapons, it is submitted. 4. There is no representation for petitioners consecutively for the third time. I am satisfied that considering nature of allegations made and the nature of investigation required, it is not a fit case to grant anticipatory bail. The incident happened as early as on 6.10.2008 and petitioners are required for the purpose of investigation. BA.6515/08 2 Hence, petitioners are directed to surrender before investigating officer and co-operate with the investigation. Whether petitioners surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction petition is dismissed. K.HEMA, JUDGE vgs.