IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 Bail Appl..No. 1397 of 2010() ----------------------------- CRIME NO.27/2010 OF CHEVAYUR POLICE STATION, KOZHIKODE DIST. (S): PETITIONER ------------------------------ 1. ABHILASH, S/O.ASOKAN AGED 29 YEARS, CHALAKUZHIYIL HOUSE P.O.VENGERI, VENGERI AMSOM DESOM, KOZHIKODE. 2. SHYAM SHOBH S/O. BALAN, AGED 32 YEARS PALATHKANDI, P.O.VENGERI, KOZHIKKODE. 3. PRAJEESH, S/O.PRABHAKARAN AGED 22 YEARS, KATTILPARAMBATH, P.O.VENGERI, KOZHIKODE. 4. RAJESH,S/O.SUKUMARAN AGED 34 YEARS, MARAKKOLY, P.O.VENGERI CALICUT. 5. PRADEESH, S/O.KELU AGED 31 YEARS, MANODIYIL, P.O.VENGERI,KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CHEVAYUR POLICE STATION KOZHIKODE DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.1397 of 2010 ---------------------------------------------- Dated 30th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 447 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. According to prosecution, on 26.1.2010, at about 1.35 a.m., petitioners (A1 to A5) and 10 other accused formed themselves into an unlawful assembly and hurled bomb at the house of defacto complainant, and it fell on the jeep and caused damage to the jeep. 3. Learned counsel for petitioners submitted that petitioners are workers of C.P.I.(M) and defacto complainant is a worker of the B.J.P. Because of the political enmity, defacto complainant himself threw a cracker and falsely fabricated a case against petitioners. The substance involved in this case is not an explosive substance. It is merely a cracker, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the jeep was damaged and as per the allegations, the accused themselves hurled bomb at the house. The bonnet BA NO. 1397/10 2 and the glasses of the jeep were broken. 5. On hearing both sides and on considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. Consideration for grant of bail and anticipatory bail is different. The incident happened as early as in January, 2010, on a republic day and seven months have already elapsed. The investigation is in a standstill, for want of arrest of petitioners, who are the main offenders. There is no justification in granting anticipatory bail to petitioners, since it is likely to affect the investigation adversely. Petitioners are bound to surrender and co-operate with the investigation. No further application for anticipatory bail by petitioners in this crime will be entertained by this court hereafter. Petition is dismissed. K.HEMA, JUDGE. tgs