IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 900 of 2010() -------------------------------------- CRIME NO.4/2010 OF NOORANADU POLICE STATION, ALAPPUZHA DIST. ......... PETITIONER (S): ACCUSED --------------------------- 1. SINOJ, AGED 28 YEARS,S/O.REHIM RAWTHER, NEDUMPRATHUVILA THENGUMTHUNDIL HOUSE,SOUTH MURI, THAMARAKULAM VILLAGE. 2. SHIBU, AGED 23 YEARS,S/O.REHIM RAWTHER, NEDUMPRATHUVILA THENGUMTHUNDIL HOUSE,SOUTH MURI, THAMARAKULAM VILLAGE. 3. SAJEEV, AGED 26 YEARS, S/O.MUHAMMED KASIM,SABU BHAVANAM(CHITTUVILA CHARUVIL),SOUTH MURI,THAMARAKULAM VILLAGE.. 4. SHANU,AGED 26 YEARS, S/O.HANEEFA RAWTHER,PALAVILA KIZHAKKATHIL (SHYJU MANZIL), SOUTH MURI,THAMARAKULAM VILLAGE. 5. MAHESH, AGED 29 YEARS, S/O.MAHENDRAN,NEDUMPRATHUVILA LEKSHAM VEEDU COLONY , SOUTH MURI, THAMARAKULAM VILLAGE 6. SHYJU, AGED 24 YEARS, S/O.MUHAMMED KASIM, SABU BHAVAN, (CHUTTUVILA CHARUVIL), SOUTH MURI, THAMARAKULAM VILLAGE. 7. MUJEEB @ SADDAM, AGED 18 YEARS,S/O.SHAMSUDEEN, RESIDING AT PALAVILA KIZHAKKATHIL SOUTH MURI, THAMARAKULAM VILLAGE. B.A. NO.900/2010 8. SAJEEV, PALAVILAYIL, AGED 21 YEARS, S/O.SHAMSUDEEN, SOUTH MURI, THAMARAKULAM VILLAGE. 9. RAFEEK. AGED 27 YEARS, S/O.RAHIM RAWTHER, NEDUMPRATHU VILAYIL, SOUTH MURI, THAMARAKULAM VILLAGE. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): STATE ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.4 OF 2010 OF NOORANADU POLICE STATION). PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 900 of 2010 ------------------------------------ Dated this the 6th day of July, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148 and 149 of the Indian Penal Code and read with Section 27(3) of the Arms Act. According to prosecution, petitioners(A1 to 4 and 6 to 9) along with other accused formed themselves into an unlawful assembly armed with deadly weapons committed rioting and assaulted de facto complainant using sword, sword stick and iron rod, inflicted injuries and committed the various offences stated above. 3. According to petitioners, they are totally innocent of the allegations made. They were implicated in the offence on account of the influence asserted by ruling party. The incident happened on 01.01.2010. Petitioners are local leaders of PDP and attempt of the police is to foist false case against petitioners, it is submitted. 4. The petitioners have a case that on 31.01.2010 at about 10.30 P.M., petitioners were celebrating the 'New Year' with other B.A. No. 900 / 2010 2 youth in the locality in a peaceful manner. At that time, some inhabitants of the nearby colony rushed to the place and brutally assaulted them stating that they were making disturbance to the local people. The police reached the place immediately and took away two motor cycles and weapons. 5. This petition is opposed. Learned Public Prosecutor submitted that the nature of the allegations made are serious and this is not a fit case to grant anticipatory bail. 6. On going through the contentions raised by petitioner and on hearing the learned Public Prosecutor, I am satisfied that the allegation made against the petitioners are serious in nature. Though there is a counter allegation made by petitioners, there is nothing to substantiate the same at this stage. I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened as early as on 1.01.2010 and seven months elapsed now. Petitioners are bound to surrender before the investigating officer and co-operate with the investigation without any delay. This petition is dismissed. K. HEMA, JUDGE ln