IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4730 of 2008() ----------------------------- (CRIME NO.390/2008 OF THE KODUVALLY POLICE STATION) PETITIONERS/ACCUSED: --------------------- 1. A.P.ABDUL MAJEED, 41 YEARS, S/O.MOHAMMED, AMIYAM POYIL, PALAKUTTY, KODUVALLY. 2. K.K.ABDUL KHADER, 32 YEARS, S/O.ABDULLA, KARIMPARA POYIL, MANIPURAM P.O. 3. M.K.MOHAMMED, 32 YEARS, S/O.MOOSA, MAILANCHI KARAMMAL, P.O.VAVAD, KODUVALLY. 4. P.MOIDEEN KOYA, 29 YEARS, S/O.MAMMI, THGOTTUNGARA, SOUTH KODUVALLY, KODUVALLY. 5. ABDUL NAZAR E.K., 34 YEARS, S/O.HAMZA, EDAKKANDY, VAVAD, KODUVALLY. 6. NASEEM.M., 21 YEARS, S/O.ABDU HAJEE, PALAKUTTY, KUNNUMMAL, KODUVALLY. 7. ABDUL AZEEZ, 36 YEARS, S/O.ABU, PEKKANDIYIL, VAVAD, KODUVALLY. 8. N.P.RASHEED, 21 YEARS, S/O.MOHAMMED, NAROOKKIL, KODUVALLY. 9. SUBAIR, 30 YEARS, S/O.ABDULLA, PALAKUNNUMMAL, KODUVALLY. Bail Appl..No. 4730/2008 10. SALEEM, 25 YEARS, S/O.KUNHAYAMMED, MADUKOOTIKAYIL HOUSE, KODUVALLY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4730 OF 2008 ------------------------------ Dated this the 30th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 353, 427 read with Section 149 I.P.C. According to the prosecution, on 19.07.2008 while the Cluster Meeting of the teachers was going on, certain persons marched into the place where meeting was held and assaulted the teachers and destroyed the controversial text book, and a crime was registered under Sections 143, 147, 148, 353, 427 read with Section 149 I.P.C. They obstructed the teachers from proceeding with their meeting, in the course of the official duty. 3. Learned counsel for the petitioners submitted that name of none of the petitioners are mentioned in the F.I.R. But the petitioners who are leaders of a political party are dragged into the offence and they are falsely implicated on political reasons. It is also submitted that they may not be required for any custodial interrogation. B.A.4730/2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioners are accused nos.5 to 14 in the crime. There are altogether 50 accused involved in the offence, out of which, the petitioners are accused nos. 5 to 14. Their identity is revealed in the investigation and they are required for custodial interrogation and for the purpose of identifying them by the witnesses. Since investigation is going on, if anticipatory bail is granted to the petitioners at this stage, it will adversely affect the investigation, it is submitted. I am satisfied of the submissions made. Only because the petitioners are not named in the F.I.R. it may not be possible to say that they are innocent. The persons who are implicated as accused will be required for interrogation and identification by witnesses. Hence it may not be proper to grant anticipatory bail to the petitioners in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE pac