IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 840 of 2008() ---------------------------- CRIME NO.27/08 OF ADHUR POLICE STATION PETITIONERS : ACCUSED 10,11,16,17,118,22,26 TO 28: ----------------------------------------------------- 1. B.SIDDIQUE @ BHARANI SIDDIQUE, S/O.ABBAS, MOOLIYAR VILLAGE, BOVIKANAM, KASARAGODE. 2. MOHAMMED ASHRAF, S/O.MAHIN, BALANADUKKAM, BOVIKKANAM, MOOLIYAR P.O., KASARAGODE. 3. RAUF, S/O.MOHAMMED KUNHI, BALANADUKKAM, BOVIKKANAM, MOOLIYAR P.O. KASARAGODE. 4. ABDULLAKUNHI @ ANDUNHI, S/O.JEEN SULAIMAN, MOOLIYAR, KASARAGODE. 5. ABDULLAKUNHI, S/O.MOIDEENKUNHI, BAVIKKARA, MOOLIYAR P.O., KASARAGODE. 6. JAFFAR, S/O.UMMER, BALANADUKAM, BALANADUKKAM, MOOLIYAR P.O., KASARAGODE. 7. MISILAJ, S/O.ABBAS THALANGASA, BALANADUKKAM, MOOLIYAR P.O., KASARAGODE. 8. SAMEER.B.M., S/O.B.V.M.ABOOBACKER, BALANADUKAM, MOOLIYAR P.O., KASARAGODE. 9. SALI, S/O.HUSSAINAR, BALANADUKKAM, MOOLIYAR P.O., KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.840 of 2008 ------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 10, 11, 16, 17, 18, 22, and 26 to 28. The crime was registered for offences punishable, inter alia, under Sections 353 and 308 r/w 149 I.P.C. Two groups of persons belonging to the B.J.P and the Muslim League when allegedly engaged in acts of violence and mischief, police party had gone to the scene on getting information. The police party was allegedly attacked. The accused resorted to pelting of stones. It is in these circumstances that the allegations are raised under Sections 353 and 308 I.P.C. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. Identical directions under Section 438 Cr.P.C as were issued in favour of the co-accused as per order dated 12.02.08 in B.A.No.809 of 2008 may be issued in favour of the petitioners herein also, it is prayed. 5. I am, in these circumstances, satisfied that this bail application can be allowed in part. This bail application is, accordingly allowed in part. The petitioners are directed to B.A.No.840 of 2008 2 surrender before the Investigating Officer or the learned Magistrate and then seek regular bail within 10 days from this date. When the court considers the application for regular bail, the court shall eschew and ignore the allegation under Section 308 I.P.C and dispose of the bail application. Needless to say that such application for bail, must be disposed of by the learned Magistrate on merits, in accordance with law and expeditiously. (R.BASANT, JUDGE) rtr/-