IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Bail Appl..No. 6181 of 2008() ----------------------------- CRIME NO.602/08 OF GURUVAYOOR POLICE STATION PETITIONER ------------------------------ 1. RITU RAJ C.R. S/O. C.K. RAJAN, CHOZHIYATTIL HOUSE, CHITTANJOOR P.O., KUNNAMKULAM, THRISSUR DISTRICT 2. SAJEEP M.P. S/O. PANKAJAKASHAN, MUTHUVEETTIL HOUSE, KANDANASSERY P.O., THRISSUR DISTRICT. 3. MUHAMMED FAIJIL K.K. S/O. KUJAIV KADAVALLOOR P.O., KALLUMPURAM, THRISSUR DISTRICT. 4. SUJITH V.M. S/O. MOHANDAS, AYYANTHOLE P.O.,AYYANTHOLE, THRISSUR DISTRICT. 5. RASHIF N.A. NALAKATH HOUSE, THIPPILASSERY, PERUMPILAVU, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. THE S.I OF POLICE, GURUVAYOOR POLICE STATION, GURUVAYOOR, THRISSUR DISTRICT. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6181 of 2008 ----------------------------------------- Dated this the 6th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 451, 323 and 326 read with 149 of Indian Penal Code. According to prosecution, petitioners 1 to 3, along with two others, allegedly formed into an unlawful assembly, trespassed into a Higher Secondary School, armed with deadly weapon like iron rod etc. and caused grievous injury to the de facto complainant, on account of political rivalry. The incident happened on 25.8.2008 in the class room of the school. 3. Learned counsel for petitioners submitted that there was a clash between the workers of SFI and the rival political group, ABVP. The petitioners apprehend arrest and they may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that identity of accused 1 to 3 is revealed and they are accused in the crime. They are required for arrest and interrogation, since the weapons used for the offence are not so far recovered. A grievous hurt is caused to the de facto complainant. As far as petitioners 4 and 5 are concerned, the investigation is still BA.6181/08 2 in progress and the identity of the two other accused are not so far revealed. Unless accused 1 to 3 are arrested, it may not be possible to get details of other accused, who are involved. 5. On hearing both sides, I am satisfied that in an offence of this nature, it is not proper to grant anticipatory bail. Learned Public Prosecutor was not able to confirm whether petitioners 4 and 5 are accused in this case or not. In the above circumstances, petitioners 1 to 3 are directed to surrender before the investigating officer within seven days from today and co-operate with the investigation, since they are not arrested so far, though the incident happened as early as on 25.8.2008. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.