IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2677 of 2009 CRIME NO.634/2009 OF KALAMASSERY POLICE STATION ON THE FILE OF THE JUDL.I CLASS MAGISTRATE'S COURT II, ALUVA PETITIONERS: ACCUSED 1 TO 3 ---------------------------------- 1. FAISAL, AGED 29 YEARS, S/O. JAINI, NOW RESIDING AT VI/2202, SALAM SETTU PARAMBIL, STAR MOOLA JUNCTION, MATTANCHERRY. 2. SUHAIL, AGED 26 YEARS, S/O. HARIS, NALAKATHU HOUSE, CHERANALLOOR.P.O, KOCHI-34. 3. BAIJU, AGED 29 YEARS, S/O. ASHRAF, VI/1479, PUTHUKKATTU PARAMBU, MATTANCHERRY. BY ADV. SRI.K.A.JALEEL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION CR.634/2009 OF KALAMASSERY POLICE STATION REP. BY THE STATE PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2677 OF 2009 ------------------------------------------------------ Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 3 in Crime No. 634 of 2009 of the Kalamassery Police Station. 2. The offence alleged against the petitioners are under Sections 143, 147, 323, 324 and 365 read with Section 149 of the Indian Penal Code. 3. Learned counsel for the petitioners submits that the case was foisted on account of political reasons just before the general election and that the de facto complainant himself has stated before the police that he has no grievance. Learned Public Prosecutor submits that such a statement was made by the de facto complainant and that there is no reason to arrest the petitioners on accusation of having committed non- bailable offence. The submission made by the learned Public Prosecutor is recorded. The Bail Application is accordingly closed. (K.T.SANKARAN) Judge ahz/