IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4748 of 2008()
1. ASHARAF.P.A,
... Petitioner
Vs
1. STATE OF KERALA, THORUGH THE STATION
... Respondent
For Petitioner :SRI.KODOTH SREEDHARAN
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :29/07/2008
O R D E R
K.HEMA, J.
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B.A.No.4748 of 2008
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Dated this the 29th July, 2008
O R D E R
This petition is for anticipatory bail.
2. A crime was registered under Sections 452, 341, 324 and
308 read with 34 of Indian Penal Code on a statement given by the
de facto complainant against three named persons and other
unnamed persons who are identifiable by sight.
3. Learned counsel for petitioner submitted that the petitioner
has been falsely implicated in the offence subsequently and he is
absolutely innocent of the allegations made. His name was not
shown in the FIR.
4. This petition is opposed. Learned Public Prosecutor
submitted that co-accused were granted bail as per different bail
applications and the petitioner’s brother was also in judicial custody
and he was released on bail. The involvement of petitioner is
revealed during the course of investigation. This case relates to a
clash between CMP and CPM workers. The father of the petitioner
was attacked by CPM workers and he lodged a complaint and he
also strongly believed that he was attacked at the instance of the de
facto complainant herein. Therefore, his sons, who are petitioner
BA.4748/08 2
and first accused along with their associates, retaliated against the
de facto complainant, it is submitted.
5. On hearing both sides, I find that it is not a fit case to grant
anticipatory bail to the petitioner.
This petition is dismissed.
K.HEMA, JUDGE
vgs.