IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 193 of 2009() ------------------------------------------ PETITIONER(S): ------------------------ JAYAKUMAR P., S/O LATE PARAMESWARA PANICKER, VADAKKUMPARAYIL HOUSE, SREEKANDAMANGALAM MURI, THANNERMUKKAM NORTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.P.S.KRISHNA PILLAI RESPONDENT(S): ---------------------------- 1. S.I. OF POLICE, CHERTHALA, 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR OF PROSECUTIONS, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR FOR R1 & R2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 193 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 447, 153A, 120B, 295, 285, 427 read with section 34 IPC. According to prosecution, petitioner (A3) along with other accused in furtherance of common intention trespassed into the compound of S.N.D.P. Gurumandiram and destroyed glasses in the Mandiram by pelting stones and committed mischief in pursuance of criminal conspiracy with intend to create communal hatred. 3. Learned counsel for petitioner submitted that petitioner is working in an adjacent workshop and petitioner is absolutely innocent of the allegations made. 4. Learned Public Prosecutor opposed this petition and submitted that petitioner is involved in the crime and accused 1 and 2 are released on bail. Hence, he may be directed to approach the court concerned for bail. 5. On hearing both sides, considering the nature of allegations made, I do not think it fit to grant anticipatory bail. Petitioner may approach the court concerned for bail under section 437 Cr.P.C. Crime was registered as early as on 1-1-2009 BA 193/2009 -2- and petitioner has not surrendered before the court or before the Investigating Officer. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.