IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 5528 of 2008() ----------------------------- CRIME NO.472/2008 OF KASARGOD POLICE STATION PETITIONERS : ACCUSED 1 TO 5 --------------------------------------------- 1. K.SHREEKANTH, AGED 32 YEARS, S/O.VASUDEVA ARALITHAYA, SHIVA PRASAD NILAYAM, TRIKKANNAD, PALLIKKERA II VILLAGE, KASARGOD DISTRICT. 2. K.T.JAYARAM, AGED 52 YEARS, S/O.ACHUTHAN.A, RESIDING AT BELKAD HOUSE, NELLIKUNNU, KASARGODE DISTRICT. 3. UMESH KADAPPURAM, AGED 36 YEARS, S/O.NARAYANAN, KUSUMA NILAYAM, KAVUGOLI KADAPPURAM KUDLU VILLAGE, KASARGODE DISTRICT. 4. P.RAMESHAN, AGED 45 YEARS, S/O.KRISHNAN NAIR, RESIDING AT KARANDAKAD, KASARGODE DISTRICT. 5. SATHEESH.N, AGED 43 YEARS, S/O.LATE KANNAN, "VAISHNAVAM", MANIPADI IN KUDLU VILLAGE, KASARGODE DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, THE HIGH COURT OF KERALA, ERNAKULAM, KOCHI. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5528 of 2008 ------------------------------------------------- Dated this the 29th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147 and 148 read with Section 149 IPC. According to prosecution, petitioners formed themselves into an unlawful assembly with other accused (total about 100 persons) and pelted stones in a KSRTC bus and caused damage to the bus. A crime is registered against the petitioners (who are named in the FIR) and others. 3. Learned counsel for the petitioners submitted that going by the FI statement, petitioners have not pelted stones, it is only said that a procession was led by the petitioners. He also submitted that the procession was a lawful one. They had taken permission from the police to conduct procession. Therefore, petitioners may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the offence was committed by a group of persons, amounting to 100 in number, who came under the leadership of BA No.5528/08 2 the petitioners herein. Petitioners were identified and their names were mentioned in the First Information Statement itself. It is not correct to say that they are not involved in the offence. In the light of the allegations made, they are also members of the unlawful assembly. Learned public prosecutor submitted that the allegation is not that the procession was not conducted illegally. But, the offence was committed by the persons who conducted the procession, under the leadership of petitioners. 5. On hearing both sides, considering the nature of offence and the nature of investigations required, it is not a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl