IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2889 of 2010() ----------------------------- CRIME NO.431/2010 OF KASARAGOD POLICE STATION (S): PETITIONERS/ACCUSED NOS.2 & 10 -------------------------------------------------- 1. ABDUL LATHEEF N.M., S/O.MUHAMMED, AGED 27, BADAR MANZIL, ALAMPADY ROAD, NAYANMARMOOLA MUTTATHADY VILLAGE, KASARAGOD. 2. ABU @ ABOOBACKER SIDDIQUEM, S/O.B.M.MUHAMMED, 22/10, AYSHA MANZIL, CHALA ROAD, VIDYANAGAR, KASARAGOD, KASABA VILLAGE. 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 POLICE STATION, KASARAGOD. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2889 of 2010 ---------------------------------------------- Dated 18th May, 2010. O R D E R Petition for bail. 2. The alleged offences are under Sections 143, 145, 147, 148, 332 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, an incident occurred in the locality and for maintaining law and order situation, the defacto complainant, the Sub Inspector of Police and other Police Constables came to the scene, while petitioners along with others formed into an unlawful assembly with the common object to obstruct the public servants from discharging their official duty pelted stones at the police party. One of the Police Constables was injured. 3. Learned counsel for the petitioners submitted that petitioners are accused Nos.2 and 10 and they are in custody from 29.4.2010. As per the allegations, accused had pelted stones, but the police party obstructed it with a lathi and hence the stones have not hit them. This petition is strongly opposed. It is submitted that in respect of this incident, two crimes were BA NO.2889/10 2 registered against a group of persons. 4. Learned Public Prosecutor submitted that because of a previous incident, there was law and order situation in the locality and the police party had gone to the scene to prevent any untoward incident. But, petitioners along with others have committed offences by pelting stones and one of the Police Constables was injured. This is not a fit case to grant bail to the petitioners at this stage, it is submitted. 5. On hearing both sides, I am satisfied that it may not be proper to grant bail to the petitioners at this stage. Petition is dismissed. K.HEMA, JUDGE. tgs