IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 Bail Appl..No. 5034 of 2009() ----------------------------- (Crime No. 339/2009 of Kasaragod Police Station) PETITIONER / 8TH ACCUSED ------------------------------------------ DEVADAS, S/O.THIMMAYYA ACHARY ULIATHADKA LAKSHMI VEEDU, P.O.MADHUR, KASARAGOD DISTRICT. BY ADV. MR. T.G.RAJENDRAN RESPONDENTS / COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR. M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ K.T. SANKARAN, J. --------------------------- B.A. No. 5034 of 2009 ------------------------------------ Dated this the 4th day of November, 2009 O R D E R It is an application for Anticipatory Bail under Section 438 of Cr.P.C. filed by Accused No.7 in Crime No.339/2009 of Kasaragod Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 148, 153-A, 341, 323, 324 and 307 read with Section 149 of the Indian Penal Code. The allegation is that on 07.05.2009 at 21.15 hours, the accused persons, twenty in number and who are Hindus, with an intention to commit murder of the de facto complainant and others, who are Muslims, formed themselves into an unlawful assembly and attacked the de facto complainant and others with deadly weapons like knife, hook etc. The incident occurred at Olayathadka in Madhur village in Kasaragod Taluk. The allegation is that while the de facto complainant and his friends were coming back after attending a wedding, the accused persons restrained them and asked whether they are not Muslims. The accused persons attacked them stating that no B.A. No. 5034 of 2009 2 Muslim would be allowed to live in the locality. The de facto complainant and his friends sustained injuries. 3. Accused No.6 in Crime No. 339/2009 filed Bail Application No.3757/2009 for Anticipatory Bail. That Bail Application was considered along with other Bail Applications and the Bail Application was dismissed by the order dated 24th September 2009 (reported in 2009(4) KHC 333). 4. For the same reasons on which Bail Application No. 3757/2009 was dismissed, I am of the view that this Bail Application is also liable to be dismissed. Accordingly, the Bail Application is dismissed. K.T. SANKARAN JUDGE kkms/