IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 3808 of 2010() ------------------------------------------ CRIME NO.613/2010 OF SASTHAMKOTTA POLICE STATION, KOLLAM DISTRICT. ............. PETITIONER/ACCUSED -------------------------------------- 1. G.MICHAEL,AGED 70 YEARS, KANNAN,VENGA.P.O,SASTHAMCOTTA,KOLLAM. 2. ANNAMMA MICHAEL,59 YEARS, KANAN,VENGA.P.O,SASTHAMKOTTA,KOLLAM. BY ADV. SMT.KEERTHI SOLOMON RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 3808 of 2010 ------------------------------------ Dated this the 22nd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. According to prosecution, certain believers of 'Brotheren Assembly Church' including first petitioner(A5) distributed some pamphlets which contained very provocative materials against prophet Muhammed and Holy Quaran and thereby committed to promote disharmony and feelingness of enmity between different religious groups and thereby committed the offences. 3. Learned counsel for petitioners submitted that petitioners are totally innocent of the allegations made. First petitioner is aged 70 years and he is only a believer of the church, but he had not taken part in the distribution of pamphlets, as alleged. Police protection was granted to petitioner by this court. Apart from this, 5th accused is having some ailments as evidenced by Annexure-3 medical report, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that as per the materials in the case diary, B.A. No. 3808 of 2010 2 first petitioner(A5) is involved in the offence and he was found distributing the pamphlets. On getting information, police came to the spot and arrested accused nos. 1 to 4 from the spot. A group of Muslims came to the police station and raised protest against the activities of the accused. Accused nos. 1 to 4 were therefore removed to Dy S.P. Office, since the police apprehended some tensed situation, which developed on account of the acts committed by accused. 5. Learned Public Prosecutor also submitted that second petitioner is not involved in the offence and hence, police has no intention to arrest her in connection with this crime. This submission is recorded. Hence, I find that there can be no apprehension of the arrest by second petitioner and anticipatory bail cannot be granted to her. 6. On hearing both sides, considering the nature of the allegations made against fifth accused and the objection raised by learned Public Prosecutor, I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened on 27.05.2010. Hence the following order is passed: B.A. No. 3808 of 2010 3 1. 5th accused is bound to surrender before the investigating officer or Magistrate court concerned without any delay. 2. Prayer for anticipatory bail by second petitioner is rejected, since she is not involved in the crime. Petition is dismissed. K. HEMA, JUDGE ln