IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2693 of 2009() --------------------------------------- CRIME NO.250/2008 OF THE CHELAKARA POLICE STATION .................. PETITIONERS/ACCUSED NOS. 1 TO 5 ------------------------------------------------------ 1. SAJI, AGED 30, S/O. SANKARA NARAYANAN, OOTUPARAKAL HOUSE, THONNURKARA P.O., CHELAKARA, THRISSUR. 2. P.A. VASU, AGED 38, S/O. APPUMANI, PUTHENVEETIL HOUSE, VENGANELLUR P.O., CHELAKARA, THRISSUR. 3. THOMAS, S/O. VARGHESE, VETTUKATTIL HOUSE, KURUMALA, THRISSUR DIST. 4. JAFFAR, S/O. KOMBALAN SAHIBBU, PUTHERVEETIL HOUSE, VENGANELLUR, THRISSUR DIST. 5. ANIL O.B, S/O. BHASKARAN'OTTUPARAMBIL HOUSE, THONNURKARA, THRISSUR DIST. BY ADV. MR.G.SREEKUMAR (CHELUR) STATE OF KERALA/COMPLAINANT: --------------------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHELAKARA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR MR.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ M.SASIDHARAN NAMBIAR,J. ------------------------------------------ B.A.NO.2693 OF 2009 ------------------------------------------ Dated 22nd May 2009 O R D E R This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail by accused 1 to 5 in crime No.250/2008 of Chelakara police station. Prosecution case is that on 20/8/2008 petitioners formed themselves into an unlawful assembly with the common object of causing damage to the articles of school and also injury to a teacher and in furtherance of the common object trespassed into the school compound and caused damages to the articles and injured the teacher and thereby committed offence under Sections 143, 147, 341, 332, 448, 427 read with Section 149 of Indian Penal Code. Case of the petitioners is that they have not committed any offence and if they are to be arrested substantial injury would be caused to them and in such circumstances anticipatory bail is to be granted. 2. Learned Public Prosecutor opposed application submitting that in addition to the damages BA 2693/09 2 caused to the articles of the school, injury was inflicted to the teacher also. 3. On hearing the learned counsel appearing for the petitioners and the learned Public prosecutor, I do not find that this is a proper case to exercise the extra ordinary jurisdiction of this court under Section 438 of Code of Criminal Procedure to grant anticipatory bail. It is for the petitioners to surrender and seek regular bail. If the petitioners surrender before the Magistrate and seek bail by filing application for bail, appropriate order is to be passed without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.