IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5319 of 2008(D) ------------------------------------- CRIME NO.686/2008 OF THE KODUNGALLUR POLICE STATION PETITIONER/ACCUSED : ----------------------------- SHAMEER, S/O.ABDUL SALAM, KALLUNGAL HOUSE, ERIYAD, KODUNGALLUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KODUNGALLUR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5319 OF 2008 ------------------------------ Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, petitioner along with other accused formed into an unlawful assembly armed with deadly weapons committed rioting and in furtherance of the common object of the unlawful assembly, committed house trespass by entering into a shop room and committed mischief. A crime was registered under Sections 143, 147, 148, 452, 427 read with Section 149 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that a leader of the DYFI was murdered by his political opponents and on the date of his funeral, there was a peaceful procession by the members of the DYFI in the area. Merely because the petitioner is the local leader of the DYFI, he is falsely implicated in the crime. The incident happened on the funeral day. It is also submitted that the petitioner is prepared to surrender before the Magistrate court and a direction may be issued to dispose of the bail application on the same day. B.A.5319 of 2008 2 4. Learned Public Prosecutor submitted that the petitioner may be directed to surrender before the Investigating Officer and subject to this, he has no objection in granting anticipatory bail. On hearing both sides, I am not persuaded to grant anticipatory bail to the petitioner. He is an accused in 5 crimes of similar nature committed on the same day and in one of the cases (crime No.682 of 2008) offence under Section 436 of I.P.C. is also involved. A shop room was said allegedly set fire to. The incident took place on 03.07.2008, and despite lapse of more than two months petitioner could not be arrested. Hence the petitioner is directed to surrender before the Investigating Officer and if he is arrested and produced before Magistrate Court concerned, and if any bail application is filed, it shall be disposed of on merits, without delay, in accordance with law. The petition is disposed of accordingly. K.HEMA, JUDGE pac