IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 7130 of 2008() -------------------------------------------- (CRIME NO.622/2008 OF THE VALAPATTANAM POLICE STATION) PETITIONER:ACCUSED NO.2: ---------------------------------------------- ABDUL JABBAR.K.K., S/O.ABDUL SALAM, AGED 35 YEARS, KARIKKALAKATH KAVUMVATHUKKAL, NEAR BOAT JETTY, PAPPINISSERY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. --------------------------------------------- B.A.No.7130 of 2008 --------------------------------------------- Dated this the 27th November, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 452, 506(ii) and 307 read with Section 149 IPC. According to prosecution, petitioner (A2) along with other accused formed into an unlawful assembly, armed with deadly weapons, committed rioting and assaulted the defacto complainant in prosecution of the common object of assembly while defacto complainant was riding a motor cycle and attempted to commit murder. 3. Learned counsel for petitioner submitted that petitioner has not committed any overt act, even as per the prosecution allegations. Petitioner was only a member of the unlawful assembly and no overt act is attributed against petitioner and hence, he may be granted bail. Petitioner was arrested on 28.10.2008 and he is in custody for a very long time. 4. Learned public prosecutor opposed this bail BA No. 7130 /2008 2 application and submitted that petitioner is involved in three cases in which offence under Section 307 IPC was committed. Petitioner was on bail in crime no.105/08 of the same police station and while on bail, petitioner committed this offence, that too immediately on the next day of his release on bail. On the next day also, he committed another offence. In such circumstances, if he is released on bail, it is likely that he will be a threat to the society and he is also likely to influence and intimidate witnesses and tamper with evidence. 5. On hearing both sides, I am satisfied of the submissions made by learned public prosecutor and I do not find it fit to grant bail to the petitioner at this stage. The petition is dismissed. K.HEMA, JUDGE csl