IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Bail Appl..No. 2295 of 2010() -------------------------------------- CRIME NO.347/2010 OF PARAVOOR POLICE STATION, KOLLAM DIST. ......... PETITIONER/IST ACCUSED ------------------------------------------ MUJEEB REHMAN,KIZHAKEVEEDU,THEKKUM BHAGAM, PARAVOOR. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): ------------------------ STATE OF KERALA REPRESENTED BY S.I. OF POLICE, PARAVOOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.HEMA, J. ------------------ B.A. No. 2295 of 2010 ------------------------------------ Dated this the 26th day of May, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 144, 147, 148, 452, 324, 308, 294(b), 506(i) and 427 read with Section 149 of the Indian Penal Code. According to prosecution, on 25.03.2010 at about 7.45 P.M., petitioner(A1) along with 25 others armed with sword, iron rod and stick etc. formed themselves into an unlawful assembly and trespassed into the veranda of the house of de facto complainant and assaulted de facto complainant's husband and committed various offences. 3. Learned counsel for petitioner submitted that this case is foisted out of political enmity. No incident as alleged has taken place. Petitioner is innocent of the allegations made. No injury is sustained in incident. 4. Learned Public Prosecutor conceded that injury noted is only tenderness and this is a case where a dispute between school students developed into rivalry between two groups of adults. B.A. No. 2295 of 2010 2 5. On hearing both sides, I find that there is no ground to grant anticipatory bail. However, taking into account the fact that though several persons allegedly attacked the defacto complainant using sword, iron rod and stick etc. nobody, is injured and there is only tenderness noted. Hence, if the petitioner surrenders before the investigating officer, offences under Sections 452 and 308 of the Indian Penal Code can be treated as not involved for purpose of bail. Hence the following order is passed: i) The prayer for anticipatory bail is rejected. ii) Petitioner shall surrender before the investigating officer within seven days from today and he shall co-operate with the investigation. iii) For the purpose of bail, offences under Sections 452 and 308 of the Indian Penal Code shall be treated as not included. Petition is disposed of. K. HEMA, JUDGE ln