IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4552 of 2008(F) ---------------------------------------- CRIME NO.524/2008 OF PATHANAMTHITTA POLICE STATION PETITIONERS/ACCUSED 6, 7, 8 & 11 : ---------------------------------------------------- 1. AKHIL, AGED 18 YEARS, S/O.RAJENDRAN, KUZHIPARAMBIL HOUSE, AZHOOR MURI, PATHANAMTHITTA VILLAGE, KOZHENCHERRY TALUK. 2. ABHIJITH, AGED 17 YEARS, S/O.SASIKUMAR, PADINJATTETHIL HOSUE, AZHOOR MURI, KOZHENCHERRY, PATHANAMTHITTA. 3. SABARINATH, AGED 18 YEARS, S/O.VIJAYAN PILLAI, VELURETH HOUSE, AZHOOR MURI, PATHANAMTHITTA VILLAGE. 4. VAISAKH, AGED 21 YEARS, S/O.VIJAYAN NAIR VIDHYA BHAVAN, PRAMADAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT : -------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.524 OF 2008 OF PATHANAMTHITTA POLICE STATION) BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4552 OF 2008 ------------------------------ Dated this the 18th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The petitioners are accused Nos.6 to 8 and 11 in the crime. On the basis of the information given by the defacto complainant, a crime was registered against the 1st accused and 19 others who are identifiable by sight. The alleged occurrence is on 02.07.2008. The petitioners were incorporated as accused, as per report dated 07.07.2008. 3. Learned counsel for the petitioners submitted that the petitioners were not named in the First Information Statement. They were falsely implicated at a subsequent stage. They are students and their future will be spoiled, in case they are remanded to custody. They are absolutely innocent of the allegations made and they are deliberately incorporated as accused in the crime. 4. This petition is strongly opposed. According to the learned Public Prosecutor, the defacto complainant had stated in the First Information Statement itself that the 1st accused along with 19 others committed the offence. Eye witnesses to the occurrence B.A.4552/2008 2 were questioned within a short time and it was revealed from their statement that the petitioners are also involved in the offence. According to them, stone and iron rods were used in the offence and the defacto complainant was injured. The recovery of the weapons is not yet effected. Only 16 persons are so far identified and others are yet to be identified. The investigation is at the preliminary stage. It is also submitted that there are several clashes between NDF and BJP workers in the locality and police picketing is arranged in the locality. In such circumstances, granting of anticipatory bail will not be proper, it is submitted. 5. On hearing both sides, I am satisfied that this is not a fit case to grant anticipatory bail to the petitioners, especially since the case diary reveals that the petitioners were identified by the eye witnesses to the occurrence and their alleged innocence could not be probabilised at this stage. The petition is dismissed. K.HEMA, JUDGE pac