IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Bail Appl..No. 153 of 2009() ---------------------------- (CRIME NO.171/2008 OF PALLITHOTTAM POLICE STATION) PETITIONER: -------------------- 1. NAZIMUDEN, AGED 23 YEARS, S/O. NUJUMUDEEN, KOTTILVEEDU, JONAKAPURAM, KOLLAM. 2. NIYAS, AGED 27 YEARS, S/O. SHAHUL HAMEED , THONDALIL PURAYIDAM, BEECH SOUTH, JONAKAPURAM, KOLLAM. 3. SIYAD, AGED 25 YEARS, S/O. SAINULABDEEN, CHANGAZHIKAM,PURAYIDA JONAKAPURAM, KOLLAM. BY ADV. SRI. K.SHAJ SRI.SAJJU.S SMT.REXY ELIZABETH THOMAS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 153 of 2009 ---------------------------------------------------- Dated this the 11th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 323, 153A(b) and 149 of IPC. According to prosecution, the car of one Navas Khan was damaged by pelting stones on the impression that some Christians have done this. Petitioners who are Muslims formed into an unlawful assembly and went in front of the house of de facto complainant, who is a Christian and created a commotion there and when the de facto complainant questioned them they assaulted him and this was done with intention to promote enmity between two religions. 3. Learned counsel for petitioner submitted that the only non-bailable offence is under Section 153A of IPC. All other offences are bailable offences. Petitioner have not committed any offence under Section 153A IPC. The first information statement will reveal nothing to constitute offence under Section 153A. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the cause for the petitioners to act in the manner alleged is because of the reason that the car of a Muslim by name Navas Khan was damaged by 'Christians'. Therefore, an attack was made on 'Christians'. The allegations evidently [B.A.No.153/09] 2 attract an offence under Section 153A IPC and it is not a fit case to grant anticipatory bail, it is submitted. 5. Considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. The crime is registered as early as on 23.9.2008 and hence petitioners are bound to surrender before the investigating officer and co-operate with the investigation. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer forthwith and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE. Krs.