IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5309 of 2008(C) ------------------------------------- CRIME NO.684/2008 OF THE KODUNGALLUR POLICE STATION PETITIONER/ACCUSED : ----------------------------- SHAMEER,S/O.ABDUL SALAM,KALLUNGAL HOUSE, ERIYAD,KODUNGALLUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,KODUNGALLUR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5309 OF 2008 ------------------------------ Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, petitioner along with other accused formed into an unlawful assembly armed with deadly weapons committed rioting and in furtherance of the common object of the unlawful assembly, committed house trespass by entering into a shop room and committed mischief. A crime was registered under Sections 143, 147, 148, 452, 427 read with Section 149 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that a leader of the DYFI was murdered by his political opponents and on the date of his funeral, there was a peaceful procession by the members of the DYFI in the area. Merely because the petitioner is the local leader of the DYFI, he is falsely implicated in the offence. The incident happened on the funeral day. 4. Learned Public Prosecutor submitted that the petitioner may be directed to surrender before the Investigating B.A.5309 of 2008 2 Officer and subject to this, he has no objection in granting anticipatory bail. On hearing both sides, I am not persuaded to grant anticipatory bail to petitioner. The petitioner is an accused in 5 crimes of similar nature committed on the same day and in one of the cases (crime No.682 of 2008) offence under Section 436 of I.P.C. is also involved. A shop room was said allegedly set fire to. Though it is alleged that the petitioner is falsely implicated only because he is a political leader, there is only a mere assertion. The petition is dismissed. K.HEMA, JUDGE pac