IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 Bail Appl..No. 6269 of 2009() ------------------------------------------ CRIME NO.671/2009 OF KASARAGOD POLICE STATION. PETITIONER/ACCUSED NO.9: -------------------------------------------- A.M.NOORUDHEEN, AGED 22 YEARS, S/O.ABDUL RAHIMAN, CHENNADUKKE HOUSE, P.O.NEKRAJE, KASARGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS/COMPLAINANT & STATE: ---------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR.NO.671 OF 2009 OF KASARAGOD POLICE STATION) KASARAGOD DISTRICT. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6269 of 2009 ------------------------------------ Dated this the 2nd day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.9 in Crime No.671/2009 of Kasaragod Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 353, 332 and 333 read with Section 149 of the Indian Penal Code and Section 3(1) of the P.D.P.P Act and Section 132(1) read with Section 179 of the Motor Vehicles Act. 3. The incident allegedly took place on 20/9/2009 at Kasaragod, near the old bus stand. The allegation is that disregarding the directions given by the Police Party, the accused persons indulged in unlawful activities and caused damage to six police jeeps and one K.S.R.T.C bus. The accused persons also attacked the Policemen, which resulted in causing injuries to six Police Constables and a Circle Inspector of Police. The police personnel were admitted in the B.A. No. 6269 / 2009 2 hospital. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the accused persons, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The allegation is that apart from attacking the police personnel, the accused persons caused destruction to public property as well. Where there is an allegation regarding the destruction of public property in a large scale and there is prima facie material to show that the allegation is true, I am of the view that the accused persons cannot be granted anticipatory bail in such a case. For the aforesaid reasons the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm