IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 8019 of 2007() ----------------------------- CRIME NO.535/2007 OF BAKEL POLICE STATION : PETITIONERS/ACCUSED 1,2 AND 4 TO 7 IN CR.NO.535/07 ------------------------------------------------------------------- 1. SAKKEER, AGED 24 YEARS, S/O. ABDULLA, KUNDADUKKOM HOUSE, KUNDOLAMPARA, BARA P.O. 2. RAHIM, AGED 23 YEARS, S/O. HASSAINAR, KUNDOLAMPARA, BARA P.O. 3. ABUBACKER, AGED 45 YEARS, S/O. ABDUL RAHIMAN, CHAPPAYIL, KUNDOLAMPARA, BARA P.O. 4. MUHAMMED KUNHI MUKKUNNOTH, AGED 36 YRS, S/O. MOIDEENKUTTY, MUKKUNNOTH HOUSE, BARA P.O. 5. SAMEER, AGED 24 YEARS, S/O. HASSAINAR PEDIKUNNU, MUKKUNNOTH HOUSE, BARA P.O. 6. MUHAMMEDKUNHI, AGED 19 YEARS, S/O. ABDULLA KUNDOLAMPARA, BARA P.O. BY ADV. SRI.K.A.JALEEL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, (REP. BY THE SUB INSPECTOR OF POLICE, BAKEL POLICE STATION - CR.NO. 535/07 OF BAKEL POLICE STATION), REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.8019 of 2007 ---------------------------------------- Dated this the 7th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 2 to 8. They face allegations for offences punishable inter alia under Sections 308 and 324 read with 149 I.P.C. The alleged incident took place at about 9 p.m on 10/12/2007. Crime has been registered promptly. The accused persons are named in the F.I.R. The crux of the allegations against the petitioners is that on account of political animosity, they attacked political opponents with dangerous weapons. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. False and vexatious allegations are being raised against them. They belong to I.U.M.L. The alleged victim belongs to C.P.M. The victim is taking advantage of the political clout. Inclusion of Section 308 I.P.C eloquently conveys the prejudice of the investigating officer. Such allegation is being incorporated only to ensure that the petitioners remain in custody for as long a period as possible. The petitioners may, in these circumstances, be granted anticipatory bail, it is prayed. B.A.No.8019/07 2 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that all the available indications point to the culpability of the accused persons who are named in the F.I.R. The injury suffered by the victim is also serious. The petitioners may not, in these circumstances, be granted anticipatory bail, prays the learned Public Prosecutor. 4. I have considered all the relevant inputs. The case diary has been placed before me for my perusal. At this early stage, I shall not embark on any detailed discussion on the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am satisfied that the petitioners do not deserve to be granted anticipatory bail. They must, according to me, follow the normal course of appearing before the investigating officer or the learned Magistrate having jurisdiction and then seek regular bail. 5. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.8019/07 3 B.A.No.8019/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007