IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5041 of 2008(A) -------------------------------------- CRIME NO.24/2007 OF KALPAKANCHERRY POLICE STATION .................... PETITIONERS/ACCUSED 5 & 6 : -------------------------------------- 1. T.P.GOVINDAN, S/O.VELAYUDHAN, THAZHATHEPARAMBIL HOUSE, KAVANCHERRY, CHENNARA, TIRUR. 2. PUSHPARAJAN.V, S/O.RAJAN, KAVANCHERRY, CHENNARA, TIRUR POLICE STATION. BY ADV. SRI.S.RAJEEV RESPONDENT : ----------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.24 OF 2007 OF KALPAKANCHERRY POLICE STATION) PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5041 of 2008 ------------------------------------------------- Dated this the 26th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324, 326, 307, 120B and 153A read with Section 149 IPC. According to prosecution, six persons came in three motor bikes and the defacto complainant was assaulted, while he was proceeding to morning prayers at 5.45 a.m. He sustained serious injuries and a crime was registered. 3. Learned counsel for the petitioners submitted that the petitioners are accused nos.5 and 6. They are not actually involved in the assault. Even as per the allegations made by the defacto complainant in the First Information Statement, only three persons attacked him and petitioners are not those persons. Petitioners are implicated only because they are sympathisers of R.S.S. and defacto complainant is a Muslim. 4. This petition is opposed. Learned public prosecutor submitted that according to prosecution, A5 and A6 took A1 and BA No.5041/08 2 A2 to the scene of occurrence on the motor bikes for the purpose of commission of offence and after the offence they were rescued from the scene. They cannot be found differently from the other accused who actually assaulted, it is submitted. 5. On hearing both sides, I find that in the nature of allegations made, it may not be proper to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl