IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 7912 of 2008(F) ------------------------------------------ (CRIME NO. 341/2008 OF KUMBLA POLICE STATION) ........... PETITIONERS/ACCUSED: ------------------------------------ 1. MUSTAFFA, AGED 26 YEARS, S/O.MOHAMMED, PANJA, MANGALPADY VILLAGE, KASARAGOD TALUK. 2. ABBAS @ AMBACHU, AGED 24 YEARS, S/O.MOHAMMED, PANJA, MANGALPADY VILLAGE, KASARAGOD TALUK. BY ADV. SRI.T.G.RAJENDRAN. RESPONDENTS/ COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUMBLA POLICE STATION. 2. STATE, REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.HEMA, J. ------------------------------ B.A. No.7912 OF 2008 ------------------------------ Dated this the 12th 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, 452, 453A read with 149 of I.P.C. According to prosecution, petitioners (accused nos.1 and 2) and 3 others, who belong to Muslim community trespassed into a Bhajana Mandiram of the defacto complianant and beat him with lever, iron rod, knife etc. and inflicted serious injuries. They committed the act with intention to provoke religious hatred. 3. Learned counsel for petitioners submitted that petitioners have not committed any offence, as alleged. In fact, in the Bhajana Mandiram, megaphone was used and there was noise pollution and certain people of the locality wanted the volume of sound to be reduced. But this was not heeded to by the defacto complainant. Hence, there was some clash. Petitioners are absolutely innocent of the allegations made. Hence, they may be granted anticipatory bail, it is submitted. B.A.No.7912 of 2008 2 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the nature of allegations are serious and recovery of the weapons are to be effected and if the petitioners are granted anticipatory bail, it will adversely affect the investigation. It is also submitted that defacto complainant and others sustained serious injuries and dangerous weapons are also used for commission of the offence. Hence, it is not a fit case to grant anticipatory bail. On hearing both sides and on considering the rival contentions, I am satisfied that it is not a fit case to grant anticipatory bail. Petitioners are directed to surrender before the Investigating Officer 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. The petition is dismissed. K.HEMA, JUDGE pac