IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Bail Appl..No. 5861 of 2008() ----------------------------- (CRIME NO.234/08 OF KUNNAMANGALAM POLICE STATION) PETITIONERS/ ACCUSED: ------------------------- 1. SAFEER.M.K., AGED 38 YEARS, S/O.UMMER, MALAKUZHIYIL HOUSE, KUNNAMANGALAM, KOZHIKODE. 2. YUSAF.N.M, AGED 34 YEARS, S/O.KADIRI, NAMBIDAMANNIL, KUNNAMANGALAM, KOZHIKODE. 3. HABEEB KARANTHOOR, AGED 36 YEARS, S/O.KUZHIPULATHIL, KARANTHOOR, KOZHIKODE. 4. ALEVI, AGED 40 YEARS, S/O.AYAMMED, ARIYIL VEEDU, KUNNAMANGALAM, KOZHIKODE. 5. JAMSHEER, AGED 19 YEARS, S/O.KALAM, POOMULLAMKUZHIYIL, KUNNAMANGALAM. 6. M.BABUMON, AGED 34 YEARS, S/O.AYAMMADKUTTI HAJI, MOOLADAMMANNIL, PANNERPADAM. 7. BAIJU, AGED 28 YEARS, S/O.MALU, METHALE VADAKKAYIL, KUNNAMANGALAM. 8. ABDURAHIMAN, AGED 30 YEARS, S/O.KUNHAMMED, KAYAKKAL VEEDU, PANTHEERPADAM, KUNNAMANGALAM. BY ADV. SRI.P.SANJAY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY S.I. KUNNAMANGALAM POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl.No. 5861 of 2008 ------------------------------------------------ Dated this the 16th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 447, 427 and 149 of IPC. According to prosecution, on 19.7.2008 at about 8.15 a.m. petitioners and others formed themselves into an unlawful assembly and committed offence of trespass into the compound of the Co-operative Rural Bank. 3. Learned counsel for the petitioners submitted that the petitioners are falsely implicated only because they are local leaders of UDF. They are totally innocent of the allegations made. They were engaged in a protest march and did not committ any offence, as alleged. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner's involvement is revealed from the case diary. Their names are also mentioned. The incident occurred on 19.7.2008 but they were not available for arrest so far. They had committed mischief by destroying the window glasses and various articles in the bank building. This is not a fit case to grant anticipatory bail, it is submitted. [B.A.No.5861/08 2 On hearing both sides, I do not think it fit to grant anticipatory bail, taking into consideration of the nature of the allegations made. This petition is dismissed. K. HEMA, JUDGE. Krs.