IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5461 of 2008()
1. SHAMEER, S/O.ABDUL SALAM,
... Petitioner
Vs
1. STATE OF KERALA THROUGH THE
... Respondent
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/09/2008
O R D E R
K.HEMA, J.
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B.A. No.5461 OF 2008
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Dated this the 19th day of September, 2008
O R D E R
This petition is for anticipatory bail.
2. According to the prosecution, petitioner along with
other accused formed into an unlawful assembly armed with
deadly weapons committed rioting and in furtherance of the
common object of the unlawful assembly, committed house
trespass by entering into a shop room and committed mischief. A
crime was registered under Sections 143, 147, 148, 452, 427
read with Section 149 of the Indian Penal Code.
3. Learned counsel for the petitioner submitted that a
leader of the DYFI was murdered by his political opponents and
on the date of his funeral, there was a peaceful procession by the
members of the DYFI in the area. Merely because the petitioner
is the local leader of the DYFI, he is falsely implicated in the
offence. The incident happened on the funeral day.
4. Learned Public Prosecutor submitted that the
petitioner may be directed to surrender before the Investigating
B.A.5461 of 2008
2
Officer and subject to this, he has no objection in granting
anticipatory bail.
On hearing both sides, I am not inclined to grant
anticipatory bail to petitioner. The petitioner is an accused in 5
crimes of similar nature committed on the same day at different
places and in one of the cases (crime No.682 of 2008) offence
under Section 436 of I.P.C. is also involved. A shop room was
said allegedly set fire to. Though it is alleged that the petitioner is
implicated only because he is a leader, there is only a mere
assertion.
The petition is dismissed.
K.HEMA, JUDGE
pac