IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 6639 of 2008() ----------------------------- CMP.4685/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.604/2008 OF HOSDURG POLICE STATION PETITIONER/ACCUSED NO.6 ------------------------------------------- SHIHABUDDINC.H.@ SHIHABU,S/O.MOIDEEN, C.H.HOUSE, NORTH CHITHARI, KANHANGAD, KASARAGODE DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION. 2. STAET REP;BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2008, ALONG WITH 6799/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. Nos. 6639 & 6799 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October,2008 O R D E R Petitions for bail. 2. The alleged offences are under sections 143, 147, 148, 341, 324, 332, 308 read with section 149 IPC and section 3 of the Prevention of Damage to Public Property Act, 1984. Petitioner in B.A. no.6639/2008 is 6th accused and petitioners in B.A. no.6799/2008 are accused 1,2,7 and 8 in the crime. According to prosecution, accused by travelling in six motor cycles were causing traffic block and knowing this, Assistant Sub Inspector came to the spot. On seeing him, all of them left the place, abandoning one motor cycle at the scene. In the meantime, Sub Inspector also came to the spot with police party. When they tried to remove the abandoned motor cycle, 1st accused came to the spot and made a phone call. 50 persons rushed to the spot and they prevented the motor cycle being taken away. They pelted stones and caused damage to the police jeep and also caused injuries to the police officials. One Police Constable sustained a fracture also in the incident. 3. Learned counsel for petitioners submitted that name of none of the accused is stated in the F.I.R. It is only stated that 50 BA 6639/08 -2- persons were involved and they were pelting stones. Petitioners were arrested on 17-10-2008 and they are in custody since then. 4. This petition is opposed. Learned Public Prosecutor submitted that all the accused are not arrested. Only five of them are arrested. Their names are specifically mentioned in the F.I.R. itself. It is not correct to say that they are not involved in the offence. At this stage of investigation, they may not be released on bail in an offence of this nature, it is submitted. 5. On hearing both sides, I am satisfied that it is not fit to grant bail to petitioners at this stage of investigation, since it is likely to affect the investigation. These petitions are dismissed. K.HEMA, JUDGE. mn.