IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 2955 of 2010() ----------------------------- (CRIME NO.63/2010 OF KOORACHUND POLICE STATION, KOZHIKODE) PETITIONERS/ACCUSED --------------------------------------- 1. YUNAS,S/O.AMMAD,SHAPPULLAPARAMBIL HOUSE, KOORACHUND,KOZHIKODE DT. 2. JALEEL,S/O.AMMAD,KAKKUZHI HOUSE, KOORACHUND,KOZHIKODE DT. 3. SAJEER,S/O.ABDUL KADAR, KUNNUMPURATH HOUSE,KOORACHUND,KOZHIKODE DT. 4. SAMEER,S/O.MOIDI,PARAMMAL HOUSE, KOORACHUND,KOZHIKODE DT. 5. MUJEEB,S/O.BEERAN,PAREKKATTIL HOUSE. KOORACHUND,KOZHIKODE DT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No. 2955 OF 2010 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. The alleged offeces are under sections.143,144,145,147, 148, 383,353,308 r/w 149 IPC. According to prosecution, on 30.4.2010 at about 8.30 pm, petitioners along with other accused formed into an unlawful assembly, destroyed the posters and banners belonging to rival political party and when police party reached the spot, Sub Inspector asked the persons to disburse, but petitioners and others not only did not disburse, but pelted stones at the police party and vehicle. A stone hit against ASI, who was in the police party. 3. Learned counsel for the petitioner submitted that 4th accused, who is the third petitioner herein was already granted bail, after his arrest. Petitioners are members of Muslim League and they have not committed offences as alleged. Their names are implicated only by political influence. It is submitted that Sub Inspector was not even present in the scene. B.A. No.2955/10 2 4. This petition is opposed. Learned public prosecutor submits that a clash occurred between workers of two rival political parties and the police had to intervene but without heeding to the Sub Inspector's direction to disburse, petitioners pelted stones along with others at the police party. This is not a fit case to grant anticipatory bail. It is not correct to say that Sub Inspector was present at the scene, it is submitted. 5. On hearing both sides, I find that there is a bare denial of involvement of the petitioners in the offence, but there is nothing on record to support or probabalise such plea of innocence. Considering the nature of allegations made, I find that this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.