IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Bail Appl..No. 6298 of 2011() ----------------------------- Crime No.211 of 2011 of Edacherry Police Station, Kozhikode District PETITIONERS/ACCUSED --------------------------- 1. NADUVILAKKANDY BALAKRISHNAN,S/O.KANARAN NADUVILAKKANDY HOUSE,EDACHERY AMSOM OF VATAKARA TALUK. 2. MARUNNOLI AJEESH,S/O.KUMARAN, MARUNNOLI HOUSE,EDACHERRY AMSOM OF VATAKARA TALUK. 3. MARUNNOLI VIGEESH,S/O.KUMARAN, MARUNNOLI HOUSE,EDACHERRY AMSOM OF VATAKARA TALUK. 4. NADUVILAKKANDIYIL SYAMJITH,S/O.DAMODARAN MARUNNOLI HOUSE,EDACHERRY AMSOM OF VATAKARA TALUK. 5. THUNDIPARAMBATH NIJEESH,S/O.KANARAN, THUNDIPARAMBATH HOUSE,EDACHERRY AMSOM, OF VATAKARA TALUK. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, EDACHERRY POLICE STATION, KOZHIKDE 693 502. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM-31. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.6298 OF 2011 --------------------------------- Dated this the 23rd day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 5 in Crime No.211 of 2011 of Edacherry Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 448 and 436 read with 149 of the Indian Penal Code. 3. The prosecution case is that on 13.7.2011 at 6 A.M, about 50 persons belonging to a particular political party criminally trespassed into the building belonging to the another political party where its office and library are housed, ransacked the building, destroyed the furniture, doors and windows, and set fire to the library books by using a chemical substance. The furniture and books were destroyed by the B.A.No.6298 OF 2011 2 fire. 4. The petitioners apprehend arrest and therefore, they filed this application for anticipatory bail. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms