IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2846 of 2010() ---------------------------------------- CP.18/2010 of C.J.M.,THALASSERY CRIME NO.47/2009 OF KOLAVALLOOR POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------- ASHIK VANIYAMKANDY, S/O. KAREEM, VANIYAMKANDY HOUSE, KADAVATHOOR.P.O. BY ADV. SRI.K.ANAND RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOLAVALLOOR POLICE STATION. BY PUBLIC PROSECUTOR MR.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 2846 of 2010 ------------------------------------ Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324 and 447 read with Section 149 of the Indian Penal Code and Sections 3 & 5 of the Explosive Substance Act. According to prosecution, on 23.02.2009 at about 12.05 P.M., petitioner along with others formed into an unlawful assembly and trespassed into the courtyard of the house of the de facto complainant and hurled a country bomb at the house of the de facto complainant and caused damage to the house. The wife of the de facto complainant was also injured. 3. Learned counsel for petitioner submitted that the case is falsely foisted due to political rivalry and no such incident happened. The matter is settled, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that charge sheet is laid, but the petitioner was not available for arrest and this is not a fit case to grant anticipatory B.A. No. 2846 of 2010 2 bail. Petitioner is involved in other crimes also, it is submitted. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and this is not a fit case to grant anticipatory bail, considering the nature of the allegations made in the case. This petition is dismissed. K. HEMA, JUDGE ln