IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Bail Appl..No. 345 of 2009() ---------------------------- CRIME NO.252/08 OF CHANDERA POLICE STATION PETITIONERS/ACCUSED 13 TO 17 ------------------------------------------------ 1. T.ABDUL KHADER, AGED 26 YEARS, S/O.KOYALI HAJI, THEEKUTTI HOUSE, GANESH MUKKU, PADNE VILLAGE. 2. T.K.MANZOOR, AGED 26 YEARS, S/O.MUHAMMADAJI, THAILAKANDI HOUSE, PAYYANKI, KAITHAKKAD, CHERUVATHUR. 3. ASHRAF.N.U, AGED 20 YEARS, S/O.KHALID HAJI, RUKSANA MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR. 4. A.C.ABDUL SHUKKUR @ SHUKKUR, AGED 25 YEARS, S/O.ABOOBACKER, PAYYANKI, CHERUVATHUR. 5. M.K.SHIHAB, AGED 24 YEARS, S/O.RAMSAN HAJI, RAHMATH MANZIL, PAYYANKI, KAITHAKKAD, CHERUVATHUR. BY ADV. SRI.A.SUDHI VASUDEVAN SMT.K.PUSHPAVATHI RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHANDERA, HOSDURG, KASARGODE. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 345 of 2009 ----------------------------------------- Dated this the 28th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 144, 145, 147, 148, 152, 153, 353, 308, 427 read with 149 of the Indian Penal Code and Section 3(1) of the PDPP Act. According to prosecution, two groups of people pelted stones against each other, due to political reasons and when the police came to the spot, they pelted stones against the police also and the jeep was damaged. Petitioners are accused 13 to 17 in the crime. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made and no overt act is alleged against petitioners and they are not named in the FIR. The co-accused are granted bail by this Court as per Annexure-A3 order dated 13.8.2008 and hence, petitioners may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners are implicated as accused 13 to 17. It is true that they are not named in the FIR, but in the FIR it BA.345/09 2 is mentioned that about 100 persons are involved. Petitioners are identified by the witnesses and the case diary reveals materials against petitioners. They are also involved in the offence. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the nature of allegations made, I am not inclined to grant anticipatory bail to petitioners. Granting of bail the co-accused, who were in judicial custody, cannot by itself be a ground to grant anticipatory bail. Petitioners are directed to surrender before the investigating officer without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.