IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 1967 of 2010() ------------------------------------------ (CRIME NO.21/09 OF TALIPARAMBA POLICE STATION,KANNUR DISTRICT) PETITIONER/ACCUSED: -------------------------------------- 1. K.V.MANOHARAN, S/O.BALAKRISHNAN, AGED 46 YEARS, TALIPARAMBA AMSOM,KANNUR DISTRICT. 2. K.P.VINOD, S/O. KUNHAPPAN, AGED 34 YEARS, KUTTIYERI AMSOM, KANNUR DISTRICT. 3. P.P.SASIDHARAN, S/O. NARAYANAN, AGED 45 YEARS, KUTTIYERI AMSOM, THALORA DESOM,TALIPARAMBA AMSOM, KANNUR DISTRICT. 4. K.P.SURESH, S/O. KANNAN, AGED 38 YEARS, TALIPARAMBA AMSOM,KANNUR DISTRICT. 5. BIJU.K.P., S/O.SUKUMARAN, AGED 29 YEARS,TALIPARAMBA AMSOM,KANNUR DISTRICT. 6. RAJESH.K., S/O.BALAKRISHNAN, AGED 35 YEARS,TALIPARAMBA AMSOM,KANNUR DISTRICT. 7. SHYJU.K., S/O. BABU,AGED 27 YEARS, PUZHAKKULNGARA,TALIPARAMBA AMSOM,KANNUR DISTRICT. 8. O.V.ASHAD, S/O. RAJAN,AGED 21 YEARS,PUZHAKKULANGARA, TALIPARAMBA AMSOM,KANNUR DISTRICT. 9. A.V.PURUSHOTHAMAN, S/O.NARAYANAN, AGED 29 YEARS, TALIPARAMBA AMSOM, KEEZHATTOOR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.V.A.SATHEESH, SRI.V.T.MADHAVANUNNI. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE THROUGH S.H.O. TALIPARAMBA POLICE STATION, KANNUR DIST. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 1967 of 2010 ------------------------------------ Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 448, 380 and 436 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners (Accused Nos. 1, 3, 4, 5, 6, 8, 9, 10 and 11) along with other accused formed themselves into an unlawful assembly, armed with deadly weapons and trespassed into a Reading Room on 12.01.2009 and set fire to it. A mike was also stolen. 3. Learned counsel for petitioners submitted that this case is foisted out of political rivalry. Petitioners are B.J.P. workers and they have not committed any offence, as alleged. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners are required for interrogation and mike set is not recovered. Tension is prevailing in the locality because of this incident and offence was committed due to political rivalry. B.A. No. 1967 of 2010 2 5. On hearing both sides, considering serious nature of the allegations made and the need for interrogation of accused and recovery I find that this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE ln