High Court Kerala High Court

Mujeeb vs State Of Kerala on 9 May, 2008

Kerala High Court
Mujeeb vs State Of Kerala on 9 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2339 of 2008()


1. MUJEEB, S/O.KHADER, AGED 24 YEARS
                      ...  Petitioner
2. MUKRI SOOPPY, S/O.EBRAHIM, AGED 48 YEARS
3. K.K. MAMMOOTTY, S/O.KUNHABDULLA

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE STATION HOUSE OFFICER

                For Petitioner  :SRI.K.RAMAKUMAR (SR.)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :09/05/2008

 O R D E R
                              K.HEMA, J.
                 -----------------------------------------------
                        B.A.No.2339 of 2008
                 -----------------------------------------------
               Dated this the 9th day of May, 2008


                                  ORDER

Heard both sides.

2. This petition is for anticipatory bail. A crime was

registered against the petitioners who are accused numbers 1 to

3 in crime No.65/08 under Sections 341 and 323 of IPC read

with Section 3(1)(x) of the Schedule Caste & Schedule Tribes

(Prevention of Atrocities) Act 1989.

3. According to the learned counsel for the petitioners,

the incident is an off-shoot of political rivalry. With a view to

defeat the rights of the petitioners, offence under the Schedule

Caste & Schedule Tribes (Prevention of Atrocities) Act is also

included with ulterior motive. The petitioners are stated to be

innocent for the allegations made. Except bare assertions, there

is nothing to substantiate the plea of innocence.

4. Learned Public Prosecutor opposed these applications

and pointed out that an offence under the Schedule Caste &

Schedule Tribes (Prevention of Atrocities) Act is involved and

hence, anticipatory bail cannot be granted as there is a bar

BA 2339/08 2

under Section 18.

5. On hearing both sides, I am satisfied that this is not a

fit case to grant anticipatory bail. Learned counsel for the

petitioners submitted that the petitioners are prepared to

surrender before the trial court. They may do so, if so advised.

Petition is dismissed.

K.HEMA, JUDGE

csl