IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Bail Appl..No. 5367 of 2008() ----------------------------- CRIME NO.622/2008 OF VALAPATTANAM POLICE STATION PETITIONER/ 2ND ACCUSED ---------------------------------------- C.H.MUNEER, S/O.M.ABDULLA, AGED 33 YEARS CHERIYANDINDAKATH HOUSE, PAPPINESERY AMSOM, AROLY.P.O, KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR RESPONDENT: -------------------- 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 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5367 of 2008 ------------------------------------------------------- Dated this the 29th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of IPC. According to prosecution, petitioner along with other accused formed into an unlawful assembly and assaulted the defacto complainant using iron rod, sword etc. and attempted to commit murder. The incident occurred on 11.8.2008. Petitioner is the third accused in the crime. 3. Learned counsel for the petitioner submitted that petitioner is a sympathiser of a political party, National Democratic Front, and whenever there is a clash between this party and the rival group, petitioner' name is falsely implicated. Petitioner is absolutely innocent of the allegations made. 4. This petition is opposed. Learned public prosecutor submitted that the petitioner had also taken part in the assault. He had beaten with hands and it is not correct to say that he BA No.5367/08 2 was not involved. The case diary reveals his involvement in the crime and the investigation is at the initial stage. Petitioner could not be arrested so far and in the nature of allegations made, it is not a fit case to grant anticipatory bail. 5. On hearing both sides, it appears that there is only oral assertion that the petitioner is innocent. But, no material or circumstance is pointed out to convince the court that the petitioner is innocent. In the nature of the allegations made, it may not be proper to grant anticipatory bail, especially since co-accused are not so far arrested and the recovery is not effected. The petition is dismissed. K.HEMA, JUDGE csl