IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7149 of 2008(A) ----------------------------------------- (CR.NO.250/2008 OF CHELAKKARA POLICE STATION) .................... PETITIONERS/ ACCUSED 3 TO 5: ----------------------------------------------- 1. THOMAS, AGED 40 YEARS, S/O. VARGHESE, VETTUKATTIL HOUSE, KURUMALA, THRISSUR DISTRICT. 2. JAFFAR, AGED 36 YEARS, S/O.KOMBALAN SAHIBBU, PUTHERVEETTIL HOUSE, VENGANELLOOR, THRISSUR DISTRICT. 3. ANIL O.B., AGED 43 YEARS, S/O.BHASKARAN, OTTUPARAKKAL HOUSE, TONNURKKARA, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7149 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 341, 332, 448, 427 read with section 149 IPC. According to prosecution, petitioners (A3 to A5) along with accused 1 and 2 trespassed into a school, assaulted de facto complainant and also caused damage to the desk, etc. causing loss of Rs.500/- and thereby committed various offences. There was a call for National Strike on the said day. 3. Learned counsel for petitioners submitted that petitioners who are accused 3 to 5 are absolutely innocent of the allegations made. Specific allegations are made against accused 1 and 2. Petitioners have not committed any offence and it happened on a strike day. Learned counsel for petitioners also submitted that a counter case was registered against de facto complainant for having committed offence under section 325 IPC. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that accused are strangers to the school and they trespassed into the school premises. BA /7149/08 -2- 5. On hearing both sides, I am satisfied that considering the nature of allegations made, it is not a fit case to grant anticipatory bail at this stage. Offence was committed inside the premises of the school, a teacher was assaulted and articles in the school were damaged by persons who have no right to get into the school. The fact that there is a counter case itself establishes that assailants were inside the school. The incident occurred on 20-8-2008 and petitioners are required for arrest. Hence, 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 this petition is dismissed. K.HEMA, JUDGE. mn.