IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Bail Appl..No. 673 of 2009(B) ---------------------------------------- (CR. NO. 517/2008 OF BEKAL POLICE STATION) .......... PETITIONERS/ ACCUSED NOS.A12 & A13: ----------------------------------------------------------- 1. MUHAMMED AZARUDHEEN, AGED 27 YEARS, S/O.MOOSA, AVIYIL HOUSE, THEKKEPPURAM, POOCHAKKAD, KASARAGOD DISTRICT. 2. FIRDOUS P. @ FIRDU, AGED 22 YEARS, S/O.ABDULLA @ KUNJABDULLA, THEKKEPPURAM, KEEKAN VILLAGE, KASARAGOD DISTRICT. BY ADV. MR.K.P.HARISH. RESPONDENTS/ COMPLAINANT & STATE: ------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.517 OF 2008 OF BEKAL POLICE STATION), KASARAGOD DISTRICT. BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. -------------------------------- B.A. No.673 OF 2009 -------------------------------- Dated this the 13th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 153(A), 341, 427, 333 read with 149 of I.P.C. According to prosecution, accused nos. 1 to 6 belonging to Hindu community along with 50 others on one side and accused nos. 7 to 13, who are Muslims along with 50 others had fought against each other and they started pelting stones with intention to promote communal hatred. The police party came to the spot and stones were pelted against them also and a police constable sustained injuries and the jeep was also destroyed. Petitioners are accused nos. 12 and 13. 3. Learned counsel for petitioners submitted that as per the F.I.R., the injury was sustained by the police constable with a stone, which was pelted by a person in the Hindu community, but petitioners are Muslims. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor B.A.No.673 of 2009 2 submitted that the acts committed by petitioners amount to offence under Section 153A of I.P.C. and the police party came to the spot to disperse both the groups. Even prior to the reaching of the police party, the offences were being committed. Therefore, it is not a fit case to grant anticipatory bail. In the same crime, petitions were filed by other accused for anticipatory bail and those were dismissed. On hearing both sides, considering the serious nature of the allegations made, I find that in the larger interest of public, it is not a fit case to grant anticipatory bail. Petitioners are bound to surrender before the investigating officer and co-operate with the investigation. The incident occurred as early as on 08.12.2008 and hence, the following order is passed : i) Petitioners shall surrender before the investigating officer or the Magistrate court concerned without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. B.A.No.673 of 2009 3 ii) No further application for anticipatory bail by petitioners in this crime will be entertained by this court. The petition is dismissed. K.HEMA, JUDGE pac