IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 2818 of 2010() ----------------------------- CRIME NO.432/10 OF KASARAGODE POLICE STATION, KASARAGODE. (S): ACCUSED 1 TO 5 ---------------------------------- 1. MUJEEB, S/O. ABOOBACKER, NAYANMARMOOLA, KASARAGODE. 2. ABU SALI, S/O. A.M. MOHAMMED, ALAMPADY ROAD, NAYANMARMOOLA, KASARAGODE. 3. BASHEER, S/O. AHAMMED, PADINJAREMOOLA, NAYANMARMOOLA, KASARAGODE. 4. JAFFAR, S/O. MOHAMMED, ALAMPADY ROAD, NAYANMARMOOLA, KASARAGODE. 5. MIRSHAD, S/O. ABDULLA, NAYANMARMOLLA, KASARAGODE. BY ADV. SRI.M.K.CHANDRA MOHANDAS RESPONDENT(S): STATE COMPLAINANT -------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KASARAGOD P0LICE STATION, KASARAGODE. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2818 of 2010 ---------------------------------------------- Dated 9th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 341, 365 and 427 read with Section 149 of the Indian Penal Code. According to prosecution, defacto complainant was abducted in a car and he was wrongfully restrained and assaulted by petitioners (accused nos.1 to 5) and other accused, as members of an unlawful assembly. They also destroyed the car. 3. Learned counsel for petitioners submitted that two crimes are registered as crime nos.432 and 433 of 2010. In the present case, the incident is alleged to have taken place at 12.45 p.m., but in the crime registered against defacto complainant herein, as crime no.433/2010, the incident happened at 10.30 a.m. This is a falsely foisted case and petitioners are innocent, it is submitted. 4. Learned Public Prosecutor submitted that there are two crimes registered and no offence under Section 308 is BA NO.2818/10 2 involved in this case. In both the cases, offence under Section 365 is involved, it is pointed out. 5. On hearing both sides and on considering the nature of the allegations made, I find that this is not a fit case to grant anticipatory bail, especially since petitioner has not made out any ground to grant anticipatory bail. The mere registration of another crime, that too, in respect of an incident which happened at a different time, is not a ground for granting anticipatory bail. 6. Learned counsel for petitioners submitted that petitioners are prepared to surrender before the Magistrate Court. They are at liberty to surrender, if they are so advised. Petition is dismissed. K.HEMA, JUDGE. tgs