IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Bail Appl..No. 4748 of 2008() ----------------------------- CRIME NO.16/2006 OF RAJAPURAM POLICE STATION PETITIONER : ACCUSED ------------------------ ASHARAF.P.A, PARIYAM HOUSE, S/O. ABBAS.P, P.O. PUNATHUR, RAJAPURAM, KASARAGOD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, THORUGH THE STATION HOUSE OFFICER, KASARAGOD. REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4748 of 2008 ----------------------------------------- Dated this the 29th July, 2008 O R D E R This petition is for anticipatory bail. 2. A crime was registered under Sections 452, 341, 324 and 308 read with 34 of Indian Penal Code on a statement given by the de facto complainant against three named persons and other unnamed persons who are identifiable by sight. 3. Learned counsel for petitioner submitted that the petitioner has been falsely implicated in the offence subsequently and he is absolutely innocent of the allegations made. His name was not shown in the FIR. 4. This petition is opposed. Learned Public Prosecutor submitted that co-accused were granted bail as per different bail applications and the petitioner's brother was also in judicial custody and he was released on bail. The involvement of petitioner is revealed during the course of investigation. This case relates to a clash between CMP and CPM workers. The father of the petitioner was attacked by CPM workers and he lodged a complaint and he also strongly believed that he was attacked at the instance of the de facto complainant herein. Therefore, his sons, who are petitioner BA.4748/08 2 and first accused along with their associates, retaliated against the de facto complainant, it is submitted. 5. On hearing both sides, I find that it is not a fit case to grant anticipatory bail to the petitioner. This petition is dismissed. K.HEMA, JUDGE vgs.