IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 7026 of 2008() ----------------------------- CRIME NO.848/08 OF THALIPARAMBA POLICE STATION PETITIONERS/ACCUSED 1 TO 5 ---------------------------------------------- 1. YOONUS, AGED 23, S/O MUSTHAFA, NARIKKODE,P.O.KOTTILA EZHOME, KANNUR. 2. PUTHALATH USMAN, AGED 34, S/O.ALI, P.O,KOTTILA (VIA)EZHOME. 3. SADIQUE, AGED 21, S/O.ALBDULLA, NARIKKODE,P.O, KOTTILA. 4. ALI KADATHARA, AGED 37, S/O.MOIDEENKUTTY NARIKKODE.P.O, KOTTILA. 5. MUJEEB, AGED 27, S/O ALI, NARIKKODE.PO, KOTTILA(VIA)EZHOME. BY ADV. SRI.K.S.MADHUSOODANAN SRI.THUSHAR NIRMAL SARATHY SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA TO BE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O, THALIPARAMBA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7026 of 2008 --------------------------------------------------- Dated this the 17th day of November, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 341, 308 read with Section 149 of IPC. According to prosecution, petitioners, who are accused nos. 1 to 5, formed into an unlawful assembly and armed with weapons like iron block etc. assaulted de facto complainant and another due to political animosity. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. Though about 25 persons allegedly assaulted de facto complainant with weapons, he has not sustained any serious injury. Offence under Section 308 IPC is included only with a view to harass petitioners. However, if petitioners are arrested on accusation of offence under Section 308 of IPC, it will cause irreparable injury and loss, it is submitted. 4. Learned Public Prosecutor submitted that it is not a fit case to grant anticipatory bail to petitioners. However, he conceded that injuries sustained by de facto complainant and another are not [B.A.No.7026/08] 2 serious in nature. It is also submitted that the only non-bailable offence is under Section 308 of IPC. 5. On hearing both sides, I am satisfied that in the nature of allegations made it is not proper to grant anticipatory bail to petitioners, at this stage. However, it is made clear that for the purpose of bail under Section 437 Cr.P.C., offence under Section 308 IPC will be treated by police and the court as one under Section 324 IPC. It is made clear that it is only for the purpose of bail that this observation is made. Petitioners shall surrender before the Magistrate court concerned or the investigating officer without any delay. Whether they surrender or not police is at liberty to arrest petitioners and proceed in accordance with law. With this direction and observation, this petition is dismissed. K. HEMA, JUDGE. Krs.