IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1956 of 2009() ---------------------------------------- CRIME NO.373/08 OF KUMILY POLICE STATION CRMP.4881/2008 of D.C.& SESSIONS COURT,THODUPUZHA .................... PETITIONER (S):ACCUSED 1 TO 4 ------------------------------- 1. M.M.VARGHESE MARATHUNNOOR HOUSE AMARAVATHI PO, KUMILY. 2. ABDUL SALAM, S/O.KANI AKKARAYIL HOUSE, KUMILY KARA,KUMILY VILLAGE. 3. EANTHAYAR KUNJUMON S/O. ISMAIL, PUTHAVARANIYIL HOUSE VAKLIYAKANDAM KARA, KUMILY VILLAGE. 4. A.MOHAMMED SHAJI S/O.K.A. ABDUL SALAM, VALIYAVEETTIL HOUSE KUMILY KARA, KUMILY VILLAGE. BY ADV. SRI.T.J.MICHAEL RESPONDENT(S): STATE ------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.M.KAMAPPU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No. 1956 of 2009 -------------------------------- Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioners, who are accused nos.1 to 4 in Crime No.373/2008 of Kumily Police Station for offences punishable under secs. 343, 147, 283, 353, 294(b) read with 149 of Indian Penal Code, seek anticipatory bail. According to prosecution, petitioners along with other 150 persons formed themselves into an unlawful assembly blocked the way into the police station and used abusive words towards the police thereby disturbed the telephone calls came to the police station. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioners' contention that the petitioners have been falsely implicated. There is no reason why the B.A.No.1956 of 2009 :-2-: petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation, this Application is disposed of. V.K.MOHANAN, JUDGE pac