IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 5TH MAY 2009 / 15TH VAISAKHA 1931 Bail Appl.No. 2084 of 2009 ----------------------------- (CRIIME NO. 67 OF 2009 OF KOLATHUR POLICE STATION) ........................ PETITIONERS/ACCUSED NO.11 TO 21 -------------------------------------------------- 1. P.T.KUNHALI,AGED 35 YRS,S/O.KUNHIMOIDEEN MOLLA,POONTHOTTATHIL HOUSE,MOORKKANAD, MALAPPPURAM DISTRICT. 2. K.P.MUHAMMED ALI, AGED 45 YRS,S/O.KADER, KALAKAPPARA HOUSE,MOORKKANAD,MALAPPURAM DISTRICT. 3. JASEEMUDHEEN, AGED 29 YRS, S/O.MUHAMMEDALI,PALLIPURATH HOUSE,MOORKKANAD, MALAPPURAM DISTRICT. 4. FAIZAL.P.V,AGED 27 YRS,S/O.HAMZA, PALLIVALAPPIL HOUSE,MOORKKANAD,MALAPPURAM DIST. 5. K.BEERAN, AGED 47 YEARS,S/O.SAIDALI, KODALIKUZHI HOUSE, MOORKKANAD,MALAPPURAM DIST. 6. M.T.ABDULLA,AGED 55 YRS,S/O.VEERANKUTTY, MELETHODI HOUSE,MOORKKANAD,MALAPPURAM DISTRICT. 7. K.T.ALAVI,AGED 48 YRS,S/O.MUHAMMED, KOLANGARATHODI HOUSE,MOORKKANAD,MALAPPURAM DIST. 8. M.T.AZEEZ,AGED 45 YEARS,S/O.MOIDUTTY, MELETHODI HOUSE, MOORKKANAD,MALAPPURAM DISTRICT. 9. P.V.MOHAMMED KUTTY,AGED 52 YEARS, S/O.KUNHAVARAN,PULIVALAPPIL HOUSE,MOORKKANAD, MALAPPURAM DISTRICT. 10. P.VEERANKUTTY, AGED 52 YEARS,S/O.MOIDEEN PERINGODAN HOUSE,MOORKKANAD,MALAPPURAM DISTRICT. 11. ASHRAF.V,AGED 24 YEARS,S/O.UMMER, VELLATT HOUSE, MOORKANAD, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K BA No. 2084/2009 RESPONDENT/COMPLAINANT& STATE: ------------------------------------------ STATE OF KERALA,THROUGH SUB INSPECTOR OF POLICE, KOLATHUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR, SRI.M.S. BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ------------------------------------------- B.A.No.2084 of 2009 ------------------------------------------ Dated, this the 5th day of May, 2009 ORDER This is an application filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The petitioners are accused Nos.11 to 21 in Crime No.67 of 2009 of Kolathur Police Station alleging commission of offences punishable under Sections 143, 147, 462, 294(b), 353 and 332 read with Section 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. 2. The case of the prosecution is that the petitioners along with the other accused persons formed unlawful assembly on 30.3.2009 and entered into the premises of the Moorkkanad Panchayat office situated at Vengad and some of them entered into the said Panchayat office and committed the offences alleged against them. 3. I have heard learned counsel for the petitioners as also the learned Public Prosecutor. Anticipatory bail cannot be granted in a case of this nature. However, I am inclined to permit the petitioners to surrender before the investigating officer for the purpose of interrogation and to have their B.A.No.2084 of 2009 2 applications considered by the Magistrate having competent jurisdiction. 4. Accordingly, the petitioners shall surrender before the investigating officer on any day between 11.5.2009 and 14.5.2009 for the purpose of interrogation and recovery of incriminating materials, if any. In the event of such surrender, they shall be produced before the concerned Magistrate on the same day itself and the Magistrate shall consider their application for regular bail preferably on the same day itself on which it is moved. This application is disposed of as above. C.T.RAVIKUMAR, JUDGE vns