IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Bail Appl..No. 6274 of 2008() ----------------------------- CRIME NO.202/2008 OF SREEKANDAPURAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.6,7,8,13,14,15,16, 18 & 20 ------------------------------------------------------------------ 1. C. ABOO, S/O. SOOBIKUTTY, AGED 56 YEARS RETIRED TEACHER, SREEKANTAPURAM, KANNUR DISTRICT. 2. P.K.MUHAMMADALI, S/O. MOIDEEN HAJI, 27 YEARS, PAZHAYANGADI, SREEKANTAPURAM, KANNUR DISTRICT. 3. SHAKEEB K. S/O. FATHIMA, 22 YEARS, KUTTANTAKATH HOUSE, SREEKANTAPURAM, KANNUR DISTRICT. 4. K.HAKKIM, S/O. FATHIMA, 22 YEARS -DO- 5. KALIATH GAFOOR, S/O. ABDULLA, 27 YEARS, SREEKANTAPURAM, KANNUR DISTRICT. 6. SEERAKATH ISHAQ, 23 YEARS, S/O. HASSAINAR, SREEKANDAPURAM, KANNUR DISTRICT. 7. U.P.AYOOB, UPPALAKANDI PUTHIYA PURAYIL, S/O. HUSSAN, 34 YEARS, DRIVER, SREEKANTAPURAM, KANNUR DISTRICT. 8. PUTHIYAPURAYIL MOIDEENKUTTY, S/O. MUHAMMED, 24 YEARS, PAZHAYANGADI, SREEKANDAPURAM, KANNUR DISTRICT. 9. NIDINCHARA RASHEED, 27 YEARS , S/O. KHADER, DRIVER, SREEKANTAPURAM, KANNUR DISTRICT. BY ADV. SRI.O.V.MANIPRASAD BA NO.6274/08 -2- RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, (THE SUB INSPECTOR OF POLICE STATION, CRIME NO.202/2008 OF SREEKANDAPURAM POLICE STATION) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6274 of 2008 --------------------------------------------- Dated this the 10th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 353, 332 and 506(ii) read with Section 149 IPC. Petitioners are arrayed as accused nos.6, 7, 8, 13, 14, 15, 16, 18 and 20 in the crime. According to prosecution, petitioners along with others (50 persons approximately) formed into an unlawful assembly and used criminal force against police officials and police constables were injured. They were intimidated and thereby, they committed various offences. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. Prime offenders (A1 to A5) who are named in the First Information Statement were granted anticipatory bail as per order dated 16.9.2008 in Crl.M.C.No.1282/08 vide Annexure 3. 4. This petition is opposed. Learned public prosecutor submitted that on the facts of the case, it is not a fit case to grant anticipatory bail. It is also conceded that as per Annexure 3 order, the main offenders are directed to be released on bail in the event of their surrender or arrest. It is also submitted that BA No.6274/2008 2 names of petitioners are not specifically mentioned in the FI statement. Only names of A1 to A5 are mentioned and overt acts are alleged only against them. On hearing both sides, considering the peculiar facts and circumstances of the case, I issue the following directions: Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer within three days of release on bail and they shall make themselves available for interrogation and co-operate with the investigation. (ii) Petitioners shall not influence or intimidate any witness or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl