IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 Bail Appl..No. 1470 of 2008() ----------------------------- CRIME NO.17/2008 OF VALAPPATTANAM POLICE STATION .................... PETITIONERS/ACCUSED 2 TO 5 AND 7 ------------------------------------------- 1. SAMEEL K.A., S/O.MUHAMMED HANEEFA AGED 25 YEARS, K.A.HOUSE, KURUKKAL, ANJAKKARAN THANGAL VAYAL, VALAPATTANAM. 2. AJEER P., S/O.MOHAMMED, AGED 24 YEARS PATHANTAVIDA HOUSE, NEAR SADHIRI PALLI P.O. VALAPATTANAM, KANNUR. 3. SHAFEEL K.P.,S/O.FAROOQUE, AGED 17 YEARS KARAMBETH PUTHIYA PURAYIL HOUSE, MINI ESTATE VALAPATTANAM, KANNUR. 4. NISSAM K.L., S/O.MOIDEEN KOYA AGED 22 YEARS, KURUKKAL LAMBETH HOUSE MARKET ROAD, VALAPATTANAM, KANNUR. 5. THAHA V.P., S/O.MOHAMMED, AGED 27 VALAPPIL PEEDIKAYIL HOUSE NEAR VALAPATTANAM POLICE STATION VALAPATTANAM, KANNUR. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, VALAPATTANAM POLICE STATION KANNUR DISTRICT, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1470 OF 2008 ```````````````````````````````````````````````````` Dated this the 6th day of March, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.2 to 5 and 7. Altogether there are seven named accused and 20 others arrayed as accused. They face allegations in a crime registered alleging offences punishable under sections 452 and 324 read with 149 IPC. The petitioners allegedly owe allegiance to the IUML. They are alleged to have formed themselves into an unlawful assembly and indulged in wanton acts of mischief and violence inside the building of a Club. Members of that Club allegedly owe allegiance to the CPI(M). Loss to the tune of Rs.8,000/- was allegedly caused to the building and articles. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. In any view of the BA.1470/08 : 2 : matter, they do not deserve to endure the trauma of arrest and detention. The learned counsel for the petitioners points out the 3rd petitioner(A4) is a juvenile/child under the provisions of the Juvenile Justice Act. In these circumstances, anticipatory bail may be granted to the petitioners, it is prayed. 3. The learned Public Prosecutor opposes the application. Allegations are raised under section 452 IPC. Political animosity is the alleged motive. In any view of the matter, the petitioners may not be granted anticipatory bail. They may be directed to surrender and seek regular bail, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that there are no features in this case which would justify the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioners must appear before the investigating officer or the learned BA.1470/08 : 3 : Magistrate having jurisdiction and then seek regular bail in the normal and ordinary course. If the 3rd petitioner is aged less than 18 years, needless to say, he will be entitled to get the benefits under the J.J. Act. 5. In the result, this petition is dismissed. Needless to say, if the petitioners surrender before the investigating officer or the learned Magistrate and apply for bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) aks