IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 7565 of 2008(A) ------------------------------------------ (CRIME NO. 408/2008 OF KOLAVALLUR POLICE STATION) .......... PETITIONER/ ACCUSED: ----------------------------------- HANEEFA, S/O.MOIDU HAJI, POKKUNNUMMAL HOUSE, CHEKIAD AMSOM, THANAKKOTUR DESOM, KOZHIKODE DIST. BY ADVS. MR. P.SANJAY, MR. M.MUHAMMED SHAFI. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7565 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 153A, 332 read with section 149 IPC. According to prosecution, certain youngsters in Muslim community were proceeding to attend a marriage of a person in Hindu community and this was obstructed and police intervened, while stones were pelted against police and also the jeep. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent. He was returning after attending a marriage and he is not involved in the offence at all. No other case is registered against petitioner. This petition is opposed. Learned Public Prosecutor submitted that petitioner is the 5th accused in the crime and in the nature of allegations made, it is not a fit case to grant anticipatory bail, since it is a communal clash. 4. On hearing both sides, considering the nature of allegations made, it may not be proper for this Court to grant anticipatory bail, especially on the basis of bare assertions of innocence, which are not supported by materials. BA 7565/2008 -2- Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.