IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4729 of 2008() ----------------------------- (CRIME NO.564/2008 OF THE THAMARASSERY POLICE STATION) PETITIONERS/ACCUSED: --------------------- 1. A.P.ABDUL MAJEED, 41 YEARS, S/O.MOHAMMED, AMIYAM POYIL, PALAKUTTY, KODUVALLY. 2. K.K.ABDUL KHADER, 32 YEARS, S/O.ABDULLA, KARIMPARA POYIL, MANIPURAM P.O. 3. M.K.MOHAMMED, 32 YEARS, S/O.MOOSA, MAILANCHI KARAMMAL, P.O.VAVAD, KODUVALLY. 4. P.MOIDEEN KOYA, 29 YEARS, S/O.MAMMI, THGOTTUNGARA, SOUTH KODUVALLY, KODUVALLY. 5. ABDUL NAZAR E.K., 34 YEARS, S/O.HAMZA, EDAKKANDY, VAVAD, KODUVALLY. 6. NASEEM.M., 21 YEARS, S/O.ABDU HAJEE, PALAKUTTY, KUNNUMMAL, KODUVALLY. 7. ABDUL AZEEZ, 36 YEARS, S/O.ABU, PEKKANDIYIL, VAVAD, KODUVALLY. 8. N.P.RASHEED, 21 YEARS, S/O.MOHAMMED, NAROOKKIL, KODUVALLY. 9. SUBAIR, 30 YEARS, S/O.ABDULLA, PALAKUNNUMMAL, KODUVALLY. Bail Appl..No. 4729/2008 10. SALEEM, 25 YEARS, S/O.KUNHAYAMMED, MADUKOOTIKAYIL HOUSE, KODUVALLY. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4729 OF 2008 ------------------------------ Dated this the 30th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 448, 323, 294(b), 353 read with Section 149 I.P.C. According to the prosecution, on 18.07.2008 while the Cluster Meeting of the teachers was going on, certain persons marched into the place where meeting was held and assaulted the teachers and destroyed the controversial text book, and a crime was registered under Sections 143, 147, 448, 323, 294(b), 353 read with Section 149 I.P.C. They obstructed the teachers from proceeding with their meeting, in the course of the official duty. The allegation is 20 persons are involved in the offence. 3. Learned counsel for the petitioners submitted that the names of none of the petitioners are mentioned in the F.I.R. But the petitioners who are leaders of a political party are dragged into the offence and they are falsely implicated due to political reasons. It is also submitted that they may not be required for any custodial interrogation. B.A.4729/2008 2 4. This petition is opposed. According to the learned Public Prosecutor, 20 persons altogether are involved in the offence, out of which, the identity of 10 persons are disclosed. The petitioners 1, 2 and 7 are such persons and they would be required for custodial interrogation and identification by the witnesses. The involvement of the other petitioners also cannot be ruled out at this stage. Since investigation is going on, if anticipatory bail is granted to the petitioners at this stage, it will adversely affect the investigation, it is submitted. I am satisfied of the submissions made. Only because, the persons are not named in the F.I.R. it may not be possible to say that they are not involved. The persons who are involved in the offence will be required for interrogation. As pointed out by learned Public Prosecutor, the involvement of other petitioners whose identity is not revealed cannot be ruled out at this stage and hence it may not be proper to grant anticipatory bail to any of the petitioners, in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE pac