IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 Bail Appl..No. 5605 of 2009() ------------------------------------- CRIME NO.57/2009 OF PANOOR POLICE STATION, KANNUR PETITIONER/ACCUSED NO.1: ------------------------------------------- SURESH.P., AGED 30 YEARS, S/O.ANANDAN, PARENGAT HOUSE, ELANGOD P.O., THALASSERY. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT/COMPLAINANT/STATE: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5605 of 2009 ------------------------------------ Dated this the 7th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.57/2009 of Panoor Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 454, 380 & 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that on 13/3/2009, the accused persons hurled country bombs to the tailoring shop run by the defacto complainant and caused damage to the shop. It is also alleged that Rs.5,420/- was taken away from the shop by the accused. 4. Learned counsel for the petitioner pointed out that in the F.I Statement, names of 27 persons were mentioned as assailants. It is pointed that after investigation, about 15 persons were deleted from the array of accused. It is B.A. No. 5605/ 2009 2 submitted by the learned Public Prosecutor that there are 13 accused persons in the case. Some of them were arrested and they were released on bail. 5. The learned counsel for the petitioner submitted that the fact that 27 persons were named in the F.I.R. and that many of them were deleted from the array of accused would indicate that the case was foisted against the petitioner and the others on account of political rivalry. Even according to the prosecution, that attack was on account of political rivalry, it is pointed out by the learned counsel for the petitioner. 6. May be the names of some of the accused persons might have been added with ulterior motives. It may also be true that there was political rivalry between two groups. On investigation, names of persons who according to the investigating officer were not guilty, were deleted. Considering the nature and gravity of the offence and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted in favour of the petitioner. The contentions put forward by the learned counsel for the petitioner need not be considered B.A. No. 5605/ 2009 3 in detail and it is not necessary to arrive at a finding on those aspects while disposing of the application for anticipatory bail. These are all the matters for consideration by the trial court at the time of trial. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm