IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6231 of 2008() ----------------------------- CRIME NO.496/08 OF CHOKLI POLICE STATION PETITIONER/3RD ACCUSED. ------------------------------------------- KOYILATHU SREERAG, S/O.RAVEEDNRAN, AGED 21, STUDENT, KOYILATH HOUSE, KANNAMVELY DESOM, PERINGATHU AMSOM, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN RESPONDENT(S): RESPONDENT/COMPLAINANT & FORMAL PARTY. ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. S.H.O, CHOKLI POLICE STATION, CHOCKLI,THALASSERY. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6231of 2008 ----------------------------------------- Dated this the 7th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 324 read with 149 of Indian Penal Code and Sections 3 and 5 of the Explosives and Substance Act. According to prosecution, the petitioner (third accused), along with 22 others, formed into an unlawful assembly and committed various offences by throwing a country bomb against the de facto complainant, consequent to which, the de facto complainant and another person sustained injuries. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. No specific overt act is attributed against the petitioner. The complaint is lodged out of a political rivalry. The petitioner is a worker of SFI and the de facto complainant is a worker of BJP. Petitioner is a B.Com student and in case he is arrested and detained, it will affect his entire career, it is submitted. BA.6231/08 2 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner's name find a place in the FIR itself. The petitioner was a member of the unlawful assembly and one of the members of the unlawful assembly has thrown the bomb and therefore, petitioner is also liable for the act committed by such person. In the nature of the allegations made, it is not proper to grant anticipatory bail and the offence was committed due to political rivalry. Learned Public Prosecutor also submitted that 20 persons are yet to be identified and in case the petitioner is granted anticipatory bail, it will adversely affect the investigation. 5. On hearing both sides, I am satisfied that on considering the nature of offence committed and the allegations made against the petitioner, it is not a fit case to grant anticipatory bail. Even though no specific overt act is alleged against the petitioner, (except his presence as a member of unlawful assembly) he has been implicated as an accused in the First Information Statement. I am satisfied that the petitioner would be required for interrogation and granting of anticipatory bail will not be fit and proper. BA.6231/08 3 The alleged incident is occurred as early as on 4.9.2008 and about one month has elapsed. None of the accused could be arrested so far. The investigation is at a stand still. Hence, petitioner is directed to surrender before the investigating officer within 10 days from today and co-operate with the investigation and make himself available for interrogation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.