IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2474 of 2010() -------------------------------------- CRIME NO.273/2010 OF BEKAL POLICE STATION, KASARAGOD DIST. ............. PETITIONERS/ ACCUSED ------------------------------- 1. MOHAMMED KUNHI, AGED 33 YEARS S/O.ABBAS, MOHAMMED VILLA, BEKAL, PO PALLIKKARA, KASARAGOD. 2. SAMEER, AGED 27 YEARS, S/O.ALI BABA HOUSE, ILLIAS NAGAR, BEKAL, P.O.PALLIKKARA, KASARAGOD. 3. GAFOOR, S/O.ABDUL KHADER,AGED 27 YEARS B.K.HOUSE,.ILLIAS NAGAR, BEKAL P.O. PALLIKKARA, KASARAGOD. 4. ABDUL HAMEED, AGED 25 YEARS S/O.ABDUL RAHIMAN, B.M.MASTER HOUSE P.O.PALLIKKARA,, KASARAGOD. 5. ASKKAR, S/O.MOHAMMED KUNHI, NAZAR MANZIL, HADDAD NAGAR, P.O.PALLIKKARA, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER SRI.K.A.SANJEETHA RESPONDENT(S): -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/05/2010, ALONG WITH BA. NO.2719 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2474 OF 2010 AND B.A.No.2719 OF 2010 ----------------------------------- Dated this the 31st day of May, 2010 C O M M O N O R D E R These petitions are for anticipatory bail. 2. The alleged offences are under section 143, 147, 2949b) and 353 IPC. According to prosecution, Petitioners along with accused formed into an unlawful assembly and prevented defacto complainant, who is the Circle Inspector from discharging his official duty and they also abused filthy language. Petitioners in these two petitions are accused Nos.1 to 3, 6 to 9, 11 to 14, 16 and 17, 19 to 22. The incident happened on 15.4.2010 when the petitioners and others were decorating a Mosque in connection with a festival and circle inspector anticipating some untoward incident approached them and asked them not to continue the work, in the light of dispute between two religious B.A. No.2474/10 2 groups. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. The mosque was being decorated by some of the devotees in connection with a festival. When circle inspector came to the spot and asked them not to do it, they explained that this was being done for the past so many years. There was some altercation and hence a false complaint is made, it is submitted. 4. Learned public prosecutor submitted that the circle inspector had intervened only because there was dispute between two religious groups in connection with a festival and the police apprehended that there will be some untoward incident. Therefore, petitioners were asked not to continue the decoration, when the petitioners acted in the manner alleged in the first information statement. 5. On hearing both sides and on considering the nature of serious allegations made, I do not find it fit to grant anticipatory bail. However, taking into consideration that no B.A. No.2474/10 3 assault or criminal force was involved in this case, a question will arise, whether offence under section 353 IPC is attracted or not. Offence u/s. 353 IPC is the only non- bailable offence involved in this case. In the absence of any allegation of any assault or use of criminal force on the defacto complainant, I find that the following order can be passed and I do so: 1. Petitioners shall surrender before the investigating officer within seven days from today and co-operate with investigation. 2. For the purpose of bail, offence u/s 353 IPC will be treated as not included. This petition is disposed of accordingly. K. HEMA, JUDGE. Sou.