IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Bail Appl..No. 6845 of 2008() ----------------------------- CRIME NO.837/2008 OF TALIPARAMBA POLICE STATION PETITIONER (S): -------------------- 1. ABDUL NAZAR, 44 YEARS S/O.MAMMU, POTTICHIL HOUSE, KOOVERY AMSOM PADAPPENGAD DESOM TALIPARAMBA TALUK. 2. UMMER, S/O.ALI, AGED 38 YEARS, KADUNGONTAKATH HOUSE KOOVERY AMSOM PADAPPENGAD DESOM TALIPARAMBA TALUK. 3. ASLAM.C., TEACHER, 24 YEARS, S/O.MAMMU, KOOVERY AMSOM PADAPPENGAD DESOM, TALIPARAMBA TALUK. 4. HARIS, 30 YEARS, S/O.MUHAMMED KUNHI, KOOVERY AMSOM PADAPPENGAD DESOM. TALIPARAMBA TALUK. 5. MOHAMMED RAFI, S/O.KAREEM, AGED 26, KOOVERY AMSOM PADAPPENGAD DESOM, TALIPARAMBA. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER TALIPARAMBA POLICE STATION REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6845 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 323, 427, 448 and 452 read with section 149 IPC. According to prosecution, petitioners (accused 1, 2, 4, 5 and 6) formed themselves in to an unlawful assembly and trespassed into the house of de facto complainant's sister and assaulted de facto complainant, his sister and her daughter. De facto complainant's sister and daughter were pushed off. Thereafter, de facto complainant was taken to the compound and he was tied up to a tree and he was again assaulted. Mischief was also committed in the house. 3. Learned counsel for petitioners submitted that allegations are absolutely false. There was a dispute in respect to promotion of a child to Vth Standard in the Madrassa. The committee was against giving promotion and this was not liking of the de facto complainant, his brother and his father. They created some agitation in the Madrassa. There were altercations in respect of this. The child was refused to be promoted to the Vth Standard by the Headmaster. Hence, on 23-10-2008 at 6.45 a.m. Headmaster of the Madrassa was attacked by de facto BA 6845 /08 -2- complainant and his brother and a crime was also registered in respect of that. Immediately a committee was convened at 7 p.m. and decision was taken to take action against de facto complainant and his brother. Except this, nothing had taken place and a false case was registered against the members of Madrassa committee. Learned counsel for petitioners also submitted that two of the accused in this case were arrested and released on bail. Hence, anticipatory bail may be granted to petitioners, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners had trespassed into the house of de facto complainant's sister, enquired about her brother Mansood and since he was not there, they assaulted de facto complainant and others who were present there. There was an existing dispute and that was the reason why the attack was made. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Though learned counsel for petitioners submitted that this is an absolutely false case, there are only bare assertions. The fact that there was a prior incident, which occurred at 6.45 a.m., alone may not be a ground to hold that no BA 6845 /08 -3- incident occurred at a subsequent stage, especially since there is no evidence at this stage to support such contention. The incident occurred as early as on 23-10-2008 and petitioners are not available for investigation. Hence, petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether they surrender or not, police is at liberty to arrest petitioners at any time and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.