IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Crl.MC.No. 4034 of 2011() ------------------------------------- CRIME NO.479/2011 OF KUTTIADI POLICE STATION. PETITIONER/ACCUSED 4 & 8 ------------------------------------------- 1. PRATHEESH, S/O. KANARAN, VALIYAPARAMBIL HOUSE, KUTTIADI AMSOM DESOM, OORATH, VADAKARA TALUK. 2. PRASANTH. P., S/O. KUNHIRAMAN NAIR, PUTHIYOTTIL HOUSE, KUTTIADI AMSOM, DESOM, OORATH, VADAKARA TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH. RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE SUB INSPECTOR OF POLICE, POLICE STATION, KUTTIADI. 2. RASHIK, S/O. MOIDU, POOLAYULLA KUNIYIL, POOLAKKOOL, VELAM. P.O., PIN-673 508. R1 BY PUBLIC PROSECUTOR MR.RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 4034 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A: TRUE COPY OF THE F I R IN CRIME.NO.479 OF 2011 DT. 26-8-2011. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4034 of 2011 ----------------------------------- Dated this the 25th day of November 2011 O R D E R Petitioners are accused Nos.4 and 8 in Crime No.479/2011 of Kuttiadi Police Station. The offences alleged against them are under Secs.143, 147, 148, 341, 323, 324, 153A and 427 r/w149 IPC. Sec.153A is only the non bailable offence. Learned counsel for the petitioners submits that there are no specific allegation so as to invoke Sec.153A IPC. This section has been incorporated by the police only to deny bail to the petitioners and that it is easy to add one such section if the opposite group is having money power or political power. It is also submitted that this section has not been incorporated against the opposite group. It is further submitted that this section has been added by the police due to the pressure of the ruling political party. 2. Learned counsel for the petitioners submits that Crl.M.C. No.4034 of 2011 -: 2 :- actually there was/is no clash between two community so as to invoke Sec.153A IPC. Now, the only request is that when they surrender before the court and apply for bail, their bail applications may be directed to be considered on the same date. Petitioners can raise all the aforesaid contentions before the learned Magistrate. The learned Magistrate will dispose of their applications as expeditiously as possible after considering all such contentions that may be raised by the petitioners. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt