IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Bail Appl..No. 4913 of 2010() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.900/2010 .................... (CRIME NO.4/2010 OF NOORANADU POLICE STATION) PETITIONERS/ACCUSED --------------------------------------- 1. SHIBU AGED 23 YEARS, S/O.REHIM RAWTHER, NEDUMPRATHUVILA THENGUMTHUNDIL HOUSE, SOUTH MURI, THAMARAKULAM VILLAGE. 2. SAJEEV, AGED 26 YEARS, S/O.MUHAMMED KASIM, SABU BHAVANAM,(CHITTUVILA CHARUVIL), SOUTH MURI, THAMARAKULAM VILLAGE. 3. SHANU,AGED 26 YEARS, S/O. HANEEFA RAWTHER, PALAVILA KIZHAKKATHIL (SHYJU MANZIL),SOUTH MURI, THAMARAKULAM VILLAGE. 4. MAHESH, AGED 29 YEARS, MAHENDRAN, NEDUMPRATHUVILA LEKSHAM VEEDU COLONY, SOUTH MURI,THAMARAKULAM VILLAGE. 5. SHYJU, AGED 24 YEARS,S/O.MUHAMMED KASIM, SABU BHAVAN,(CHITTUVILA CHARUVIL) SOUTH MURI,THAMARAKULAM VILLAGE. 6. MUJEEB @ SADDAM, AGED 18 YEARS,S/O.SHAMSUDEEN, RESIDING AT PALAVILA KIZHAKKATHIL SOUTH MURI,THAMARAKULAM VILLAGE. 7. SAJEEV, PALAVILAYIL, AGED 21 YEARS, S/O.SHAMSUDEEN, SOUTH MURI,THAMARAKULAM VILLAGE. 8. RAFEEK, AGED 27 YEARS, S/O.RAHIM RAWTHER, NEDUMPRATHU VILAYIL SOUTH MURI,THAMARAKULAM VILLAGE. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): STATE -------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM(CRIME NO.4 OF 2010 OF NOORANADU POLICE STATION) PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.4913 OF 2010 -------------------------------- Dated this the 19th day of August 2010 ORDER This petition is for anticipatory bail. 2. This is the second application for anticipatory bail. The alleged offences are under Sections 143, 147, 148, 149 of I.P.C read with Section 27(3) of Arms Act. According to prosecution, petitioners(A1 to 4 and 6 to 9) along with other accused formed themselves into an unlawful assembly armed with deadly weapons committed rioting and assaulted de facto complainant using sword, sword stick and iron rod, inflicted injuries and committed the various offences stated above. 3. There is no representation for petitioner. As per the grounds stated in the petition, petitioners are absolutely innocent of the allegations made. The case is suo-motu registered by the Sub Inspector of police on false and frivolous allegations. Petitioners were peacefully celebrating new year and they were attacked by some of the inhabitants of the area. No weapon is seized from petitioners. 4. On going through the order in the earlier application for anticipatory bail, I find that the same contentions are raised. In the earlier application, on hearing both sides, it was found that the allegations made against the petitioners are serious in nature and B.A No.4913 OF 2010 2 that petitioner could not substantiate the counter allegations made. I have already observed in the earlier order that the incident happened on 01/01/2010 and 7 months had elapsed and petitioners are bound to surrender before the Investigating Officer and co- operate with investigation. 5. Despite the observations made, petitioners have not only surrendered and co-operated with investigation, but, after a month, they filed this application again for anticipatory bail. There is no reason to review my order. The delay in surrendering before the Investigating Officer is likely to affect the investigation adversely. This petition is opposed and there is absolutely no reason to grant anticipatory bail. No further application for anticipatory bail by petitioners in this crime will be entertained by this court hereafter. Petition is dismissed. K.HEMA JUDGE vdv