IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 239 of 2009(F) ----------------------------------- CRIME NO.4/2009 OF PERINGOM POLICE STATION PETITIONERS/ACCUSED 1-7 : ----------------------------------- 1. NABEEL, AGED 23 YEARS,S/O.AZEEZ, KOMMACHI, PERINGOM,AMSOM, PEDENA, P.O.NJEKLI. 2. SUBAIR, AGED 25 YEARS, S/O.AMINA, MADATHIL HOUSE, PERINGOM AMSOM, PEDENA, P.O. NJEKLI. 3. SAHAD, AGED 24 YEARS, S/O.KUNJIMOHAMMED PONNANTAKATH, PERINGOM AMSOM,PEDENA, P.O.NJEKLI. 4. P.C.NISSAR,AGED 23 YARS, S/O.JAMEELA PADICKALCHULLERI, PERINGOM AMSOM, PEDENA, P.O.NJEKLI. 5. REHNAZ,AGED 22 YEARS, S/O.MOHAMMED KUNHI IRUMBANTAKATH, PERINGOM AMSOM, PEDENA,P.O.NJEKLI. 6. V.M.ASHRAF,AGED 24 YEARS, S/O.HAMSA, ULIYANMOOLAYIL,PERINGOM AMSOM,PEDENA, P.O.NJEKLI. 7. SAMAD, S/O.MOHAMMED KUNHI,PONNANTAKATH, PERINGOM AMSOM,PEDENA, P.O.NJEKLI. BY ADV. SRI.P.M.HABEEB RESPONDENT/STATE : -------------------------- STATE OF KERALA,REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.4/2009 OF PERINGOM POLICE STATION) PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.239 OF 2009 -------------------------------- Dated this the 29th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324, 308 read with 149 of I.P.C. According to prosecution, on 02.01.2009, petitioners (accused nos.1 to 7) formed into an unlawful assembly and armed with deadly weapons like iron rod, stick, assaulted defacto complainant and he sustained injuries. 3. Learned counsel for petitioner submitted that the incident occurred is an off shoot of a political clash. Petitioners have not committed any offence. But defacto complainant belongs to the ruling party and petitioners are workers in opposition party and therefore, under influence petitioners are implicated in the offence. 4. This petition is opposed. Learned Public Prosecutor submitted that multiple lacerated wounds are caused near the ear on the defacto complainant. He also had abrasions on the frontal region. Iron rod and sticks were used for the B.A.No.239 of 2009 2 commission of offence and those are to be recovered and it is not a fit case to grant anticipatory bail, it is submitted. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I do not think that it is a fit case to grant anticipatory bail. The recovery is to be effected and for which purpose, interrogation of the accused will be essential. i) Petitioners are therefore, directed to surrender before the Investigating Officer or before the learned Magistrate and co-operate with the investigation without any delay. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. ii) No further application for anticipatory bail by petitioners in this crime will be entertained hereafter. The petition is dismissed. K.HEMA, JUDGE pac