IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Bail Appl..No. 7931 of 2008() ----------------------------- (CRIME NO.628/2008 OF VALAPPAD POLICE STATION) PETITIONERS/ACCUSED 1 TO 4: -------------------- 1. NOUSHAD, 33 YEARS, S/O.ABU, VALIYAKATH HOUSE, KOORIKUZHI, KOPRAKALAM, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. 2. SAINUDHEEN, AGED 31 YEARS, S/O.ABU, VELIYAKATH HOUSE, KOORIKUZHI KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK. 3. ABU, 65 YEARS, S/O.SAYED MOHAMMED, VALIYAKATH HOUSE, KOORIKUZHI, KAIPAMANGALAM. 4. AMEER, AGED 28 YEARS, S/O.SAYED MOHAMMED, KATTOOR. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, VALAPPAD POLICE STATION, THROUGH THE PUBLIC PROXECUTOR, HIGH COURT OF KERALA PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 7931 of 2008 --------------------------------------------------- Dated this the 20th day of January, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 341, 324, 427, 294(b) read with 149 of IPC. According to prosecution, petitioners (A1 to A4) along with two others formed into an unlawful assembly, committed house trespass into the bakery run by de facto complainant and assaulted him by using a measuring weight and caused damage to the tune of Rs.8000/- in the bakery. The incident occurred on 22.11.2008 at 4.45 p.m. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. De facto complainant and his sons trespassed into the shop of petitioners and they assaulted petitioners on the same day at 8 p.m. This case is filed as a counter-blast, making false allegations and hence, they may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners started a bakery close to de facto [B.A.No.7931/08] 2 complainant's bakery and hence they were infuriated by this and attacked de facto complainant. It is not correct to say that no incident occurred, as alleged. The scene mahazar is prepared, which will show that some damage caused to bakery. 4. On hearing both sides, I find it difficult to hold at this stage that no incident occurred, as alleged. Petitioners have not made out any ground for anticipatory bail. Considering the serious nature of allegations made and the nature of investigation required, I do not find it fit to grant anticipatory bail. i) Petitioners shall surrender before the investigating officer or the Magistrate court concerned without delay and co-operate with the investigation. Whether they surrender or not, the police is at liberty to arrest them and proceed in accordance with law. ii) No other petition for anticipatory bail by the petitioners in this crime will be entertained by this Court hereinafter. Petition is dismissed. K. HEMA, JUDGE. Krs.