IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 4TH JULY 2008 / 14TH VAISAKHA 1930 Bail Appl..No. 4226 of 2008() -------------------------------------- CRIME NO.155/08 OF POTHANIKAD POLICE STATION .................... PETITIONERS/ACCUSED : ------------------------------------ 1. ABBAS.O.E., 35 YEARS, S/O.EBRHIM OLICKAL HOUSE,PALLARIMANGALAM PO. POTHANIKADU VILLAGE, KOTHAMANGALAM 2. AJILS 23 YEARS, S/O.JAMAL OLICKEL HOUSE DO.DO. 3. BASHEER @ MAITHEEN BASHEER , 35 YEARS, S/O.PAREETH, KALLARACKAKUDY, PALLARIMANGALAM PO., ADIVAD 4. KUNJUMUHAMMAD @ MAMMU, 40 YEARS, S/O.MUHAMMED, PANAYAKUNNEL PALLARIMMANGALAM PO., KODAMMEDU 5. SALIM K.P., 28 YEARS, S/O.PAREETHKUNNEL HOUSE,PALLARIMANGALAM PO., POTHANIKADU VILLAGE MAVUDY, KOTHAMANGALAM BY ADV. SRI.A.P.SUBHASH RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4226 OF 2008 ------------------------------ Dated this the 4th day of July, 2008 O R D E R This is an application for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 448 read with Section 149 of IPC and Section 3(1) of Prevention of Damage to Public Property Act. According to the prosecution the petitioners trespassed into Canara Bank and committed various offences. They also caused damage to the tune of Rs.2,000/-. These offences were committed in connection with Harthal declared by a political party against hike in fuel price. 3. Learned counsel for the petitioners submitted that the petitioners are totally innocent of the allegations made. The Sub Inspector was on enimical terms with the petitioners, in connection with another incident, which occurred on the previous week. There was some heated exchange of words between them and that alone is the reason for lodging an F.I. Statement against the petitioners. 4. This petition is opposed. It is pointed out that the names of the accused are shown in the F.I. Statement itself and that specific overt acts are also stated therein. The petitioners case is B.A.4226/2008 2 that they were not present in the scene but they were elsewhere. On hearing both sides I find on the facts of case, I am not inclined to grant anticipatory bail, especially since the innocence of the accused and the allegation of false implication could not be probabilised at this stage. Hence the application is dismissed. K.HEMA, JUDGE pac