IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 Bail Appl..No. 6172 of 2008() ----------------------------- CRIME NO.287/08 OF CHENDERA POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. A.G.AKBAR, S/O.MUSTHAFA, NILAMBAM VADAKE THRIKARIPUR, KASARGODE DISTRICT. 2. JABIR, S/O.ABDULLA, NILAMBAM, NILAMBAM VADAKKE THRIKARIPUR, KASARGODE DISTRICT. 3. NAJEEB.T.S., S/O.M.SULAIMAM, PERIYOTH HOUSE, PEKADAM, UDINOOR, KASARGODE DISTRICT. 4. G.C.SHAMSAD, S/O.HAMSA, ASAD MANZIL, THANKAYAM, VADAKE THRIKARIPUR, KASARAGODE DISTRICT. 5. K.P.JASIM, S/O.FOUSIYA, JASIM MANZIL, VADAKE THRIKARIPUR, KASARAGODE DISTRICT. 6. A.G.YOUNUS, S/O.YOUSUF, VADEKE KOVAL, VADAKE THRIKARIPUR, KASARAGODE DISTRICT. 7. M.RIYAS, S/O.MISRIYA, MOOPANTAKATH, THANKAYAM, VADAKE THRIKARIPUR, KASARAGODE DISTRICT. 8. M.T.P.AKBAR ALI, S/O.SALAHUDDIN, SAFIYA MANZIL, THANKAYAM, VADAKE THRIKARIPUR, KASARGODE DISTRICT. 9. MUHAMMED JABIR.M., S/O.ABDUL KHADER, MOOPANTAKATH, THANKAYAM, VADAKE THRIKARIPUR, KASARGODE DISTRICT., 10. SHABEER ALI.K.P., S/O.SHOUKATH, RAMLA MANZIL, THANKAYAM, MOOPANTAKATH, VADAKE THRIKARIPUR, KASARAGODE DISTRICT. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENT(S): RESPONDENT/COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY S.I. CHANDERA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6172 of 2008 ----------------------------------------- Dated this the 15th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 326 read with 149 of the Indian Penal Code. According to prosecution, on 25.8.2008 at about 4 PM, the petitioners, who are MSF workers, along with others, formed into an unlawful assembly and committed various offences against an SFI activist, who is the de facto complainant and caused fracture to his nasal bone by hitting with a stone. 3. Learned counsel for petitioners submitted that accused 6 to 10 are juveniles and hence, they are surrendering before the Juvenile Court and their application is not pressed. It is submitted that there was a clash between three groups of students, who belong to different students' union and the de facto complainant is not a student of the school where the incident occurred. He has trespassed into the school and assaulted the petitioners and they were injured and a counter case was also filed as Crime No.288/08 under Section 324 IPC. BA.6172/08 2 Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a case where there was a clash between three groups of students within the premises of a school. The groups are affiliated to three different political parties and the de facto complainant sustained a fracture which can be caused only by a hard object, as revealed from the statement given by the doctor and the further statement given by the de facto complainant. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, it is clear that it is a case in which there is clear politics being brought into the school premises by three different political groups and there was also a clash between students having 16 to 17 years of age and above. Stone was used and a fracture was also caused to the de facto complainant and I do not find it fit to grant anticipatory bail in an offence of this nature. The incident occurred as early as on 25.8.2008 and the petitioners are not available for arrest. BA.6172/08 3 Hence, the following order is passed: i) The prayer for anticipatory bail by petitioners 6 to 10 is rejected on request. ii) Petitioners 1 to 5 are directed to appear before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.