IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 Bail Appl..No. 6511 of 2008() ----------------------------- PETITIONERS/ACCUSED --------------------------------------- 1. K.M.KUNHI, THALICHALAM, P.O.ELEMBACHI, THRIKARIPUR, KASARAGOD DISTRICT. 2. THULLI ZAMEER, THRIKARIPUR, KASARAGOD DISTRICT. 3. SOOPYNTE IBRAHIM KUTTY, THRIKARIPUR, KASARAGOD DISTRICT. 4. KUTTY RASHEED @ ABDUL RASHEED.B BEERICHERY, P.O., THRIKARIPUR, KASARAGOD DISTRICT. 5. RAFEEQ, NEAR BEERICHERY MANA, BEERICHERY, P.O., THRIKARIPUR, KASARAGOD DISTRICT. 6. THALICHALAM UNAIS, P.O., ELEMBACHI, THRIKARIPUR, KASARAGOD DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6511 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 452, 427 read with section 149 IPC. According to prosecution, on 8-10-2008 at about 2 p.m. petitioners formed themselves in to an unlawful assembly and assaulted de facto complainant, after committing house-trespass into the shop and destroyed the articles in the shop. De facto complainant sustained injuries. 3. Learned counsel for petitioners submitted that there were clashes between C.P.I.(M) and I.U.M.L. workers. The present case is falsely foisted against petitioners as a counter blast, since petitioner being workers of I.U.M.L. had filed five other cases against workers of C.P.I.(M). Petitioners may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that this is a case where petitioners used iron rod and iron bars to assault de facto complainant and he sustained injuries. Articles were also destroyed in the shop and petitioners formed themselves in to an BA 6511/2008 2 unlawful assembly and committed the offences. It is an off shoot of political rivalry, but it is not a fit case to grant anticipatory bail. 5. On hearing both sides, I am not inclined to grant anticipatory bail, considering the nature of allegations made. The bare assertions that it is a false case is not acceptable. The incident occurred early as on 8-10-2008 and petitioners are required for the purpose of investigation. Therefore, petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate with the investigation. Whether they surrender or not, respondent is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.