IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 Bail Appl..No. 7330 of 2008() ----------------------------- CRIME NO.274/2008 OF VELLAYIL POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. SAKKEER, S/O.AZEEZ, MUNNANCHERRY PARAMBA, P.O.NADAKAVU, KOZHIKODE - 11. 2. RAGESH, S/O.SURESH, 'KRIPA', P.O.WEST HILL, KOZHIKODE - 5. 3. MUJEEB, S/O.MUHAMMED, 1/2658, P.O.WEST HILL, KOZHIKODE - 5. 4. SUDHEER, S/O.SULAIMAN, ABHI MANZIL, P.O.WEST HILL, KOZHIKODE - 5. 5. SUBAIR, S/O.SULAIMAN, ABHI MANZIL, P.O.WEST HILL, KOZHIKODE - 5. 6. SADIQUE, S/O.MAMMU, 1/2658, P.O.WEST HILL, KOZHIKODE - 5. 7. M.SATHAR, S/O.MOIDEEN KOYA, MADATHIL HOUSE, 1/2666, P.O.WEST HILL, KOZHIKODE - 5. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. SUB INSPECTOR OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.7330 of 2008 --------------------------------------------- Dated this the 12th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 294(b) and 506(i) IPC read with Section 149 IPC and Section 3(2)(e) of PDPP Act. According to prosecution, on 12.10.2008, at about 7.30 p.m., A1 to A7 and about 75 identifiable persons formed themselves into an unlawful assembly and pelted stones at the police jeep and as a result of this, damage to the tune of Rs.1,000/- was caused. 3. Learned counsel for petitioners submitted that the crime was registered on the basis of a First Information Statement given by the S.I. of Police. But, he had not correctly identified the persons, who had pelted stones. It was not possible also for identifying persons who pelted stones. There was an incident in which the seventh petitioner (A7 in the F.I.R.) and another person were assaulted by the workers of R.S.S. at 6.30 p.m. on the same day at the same spot and they had been rushed to the hospital. Though information was conveyed to the BA No.7330/2008 2 police regarding the said incident, they did not come to the place and hence, people of the locality was agitated. So, when later, the police reached the place, some incident happened. 4. By the time, 7th accused was already in the hospital, as evidenced by Annexure B wound certificate as per which, the seventh accused was hospitalised at 7.12 p.m. The incident in this case is alleged to have taken place at 7.30 p.m. Therefore, there is a fair chance for false implication. Petitioners are absolutely innocent of the allegations made and they may be granted anticipatory bail, failing which it is likely that they will be arrested and harassed, it is submitted. 5. Learned public prosecutor submitted that 7th accused was deleted from the array of accused subsequently. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted, failing which it is likely that petitioners' will be put to irreparable injury and loss, in case, they are able to establish at the time of trial that it is likely that there is a mistake in identity of accused. Hence, the following order is passed: Petitioners shall surrender before the Magistrate BA No.7330/2008 3 Court concerned and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed. (ii) Petitioners shall co-operate with investigation. (iii) Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE csl