IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Bail Appl..No. 6972 of 2008() ----------------------------- CRIME NO.618/08 OF VARKALA POLICE STATION PETITIONER(S): ACCUSED: ---------------------------- 1. C.A.SHAMSUDEEN, AGED 60 YEARS, S.B.MANZIL, SHIVAGIRI ROAD, VARKALA. 2. P.M.BASHEER, AGED 60, ODITTAVEEDU, PULLANNIKODE, NADAYARA, VARKALA. 3. T.A.RAHMAN, AGED 83, JASNA MANZIL, MUTTAPPALAM, NADAYARA, VARKALA. 4. K.P.ABDUL VAHID, AGED 67, MADATHIL VEEDU, THIDUVELI, VARKALA. 5. SUBAIR, AGED 48, REENA MANZIL, THODUVAYIL, NADAYARA, VARKALA. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6972 of 2008 ----------------------------------------- Dated this the 21st November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148 and 149 of the Indian Penal Code read with Section 3(2) of the PDPP Act. According to prosecution, petitioners, who are accused 1 to 5 formed into an unlawful assembly along with other accused and armed with deadly weapons demolished a portion of the bridge and thereby committed the above offences in prosecution of the object of the assembly. 3. Learned counsel for petitioners submitted that petitioners are aged 60 years, 83 years etc. and they are incapable of committing such acts by using weapons. 4. Learned Public Prosecutor opposed this anticipatory bail application and submitted that on investigation it is clearly revealed that petitioners are also involved in the offences. Their names are mentioned in the FIR and the matter is being investigated into. BA.6972/08 2 5. On hearing both sides, I am not inclined to grant anticipatory bail in an offence of this nature. The incident occurred on 16.10.2008 and petitioners are required for investigation. Hence, petitioners are directed to surrender before the investigating officer and co-operate with the investigation. Whether they surrender or not, the police is at liberty to arrest petitioners at any time and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.