IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6604 of 2008() ----------------------------- CMP.4587/2008 of J.M.F.C.-I,HOSDRUG (CRIME NO.358/2008 OF CHANDERA POLICE STATION) PETITIONER/ACCUSED NO.7. -------------------- MOHAZIN.K.P.@ MOUSEEN, S/O.ISMAIL AGED 22 YEARS, KAAVAL PEEDIKAYIL HOUSE MAIDANI, BAKKIRIMUKKU, ILAMBACHI, SOUTH TRIKARIPUR. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALAQ, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6604 of 2008 --------------------------------------------------- Dated this the 22nd day of October, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 427 read with section 149 of IPC. According to prosecution, petitioner (A7) along with other 16 persons allegedly committed house trespass into the office of the CPI(M) and destroyed the articles kept there and thereby committed the above offences. The incident happened on 8.10.2008 at about 8 p.m. 3. The petitioner was arrested on 9.10.2008 and he was remanded on 10.10.2008. Learned counsel for the petitioner submitted that petitioner is innocent of the allegations made. His shop was attacked by certain persons and he proceeded to the police station on the same day at the same time and there are other crimes also. There is also another F.I.R. He may be granted bail, it is submitted. Four accused persons surrendered before the Magistrate court and some are going to surrender today, it is submitted. 3. This petition is opposed. Learned Public Prosecutor submitted that some more accused are to be identified and arrested [B.A.No.6604/08] 2 and at this stage of investigation petitioner may not be granted bail. There are other crimes also against the petitioner. The incident did not occur in the petitioner's shop. 4. On hearing both sides, the defence set up by the petitioner is not discernible from the submissions made. Certain facts have merely been stated but the connection of such facts with the present crime has not been brought out. The investigation is at the initial stage. The other accused are not arrested. The mere fact that there is another case on the same day is not a ground to grant anticipatory bail or to hold a person not guilty. This is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Krs.