IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3969 of 2009()
1. A.ABOOBACKER, P.O.MATTARAKAL,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :15/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 3969 OF 2009
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Dated this the 15th September, 2009
O R D E R
Accused No.3, A.Aboobacker, in Crime No.273 of 2009 of
Perinthalmanna Police Station, has filed this application for anticipatory
bail under Section 438 of the Code of Criminal Procedure.
2. The offences alleged against the petitioner and the other
accused are under Sections 307 and 506(ii) read with Section 34 of the
Indian Penal Code.
3. On 9.4.2009 at about 11.15 AM, one Asif Ali sustained injuries
due to stabbing. The incident occurred at Mattarakal Bazaar. At 1 PM on
that day, the First Information Statement of one Biju was recorded. In the
First Information Statement, it was alleged that the first accused, namely,
Jafar @ Pathiri Jafar, stabbed Asif Ali. Asif Ali tried to escape. Even
thereafter, he was chased by Jafar and another person and he was again
stabbed. Asif Ali sustained serious injuries and he was taken to the
hospital. The petitioner is not shown as an accused in the First
Information Statement. During investigation, it was revealed that the
incident occurred and the offence was committed as directed and at the
instance of the petitioner. According to the prosecution, the accused
B.A. NO.3969 OF 2009
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persons conspired together and attacked Asif Ali. Asif Ali was an
accused in a case in which the petitioner was the de facto complainant.
Asif Ali was granted anticipatory bail. It was during that period,
according to the prosecution, Asif Ali was attacked by the accused
persons.
4. The petitioner claims that he is engaged in cultural and
charitable activities. He has founded a charitable trust under the name
and style “Deshasnehi” at Perinthalmanna. It is stated that the Trust was
registered in the year 2005. The petitioner is the Chairman of the Trust.
The petitioner was fighting against the liquor lobbies. He even filed a
Writ Petition before the High Court to see that a toddy shop is shifted
from a place. According to him, his cultural and social activities were not
to the liking of several persons and there was an attempt to malign him
among the general public.
5. According to the prosecution, there arose lot of complaints
against the activities of the petitioner. In the name of the Trust, the
petitioner was indulging in unlawful activities. Mass petitions were being
filed by the local public against the activities of the petitioner. Asif Ali
had a quarrel with the petitioner. The petitioner was infuriated by the
acts of Asif Ali. The conspiracy was hatched in these circumstances.
B.A. NO.3969 OF 2009
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6. In the First Information Statement itself, there is mention of the
acts of Asif Ali against the petitioner. It is stated in the First Information
Statement that the first accused proclaimed after stabbing Asif Ali that
the same fate would occur to all who dare to touch Backer. According to
the prosecution, Backer is the petitioner.
7. The injuries sustained by Asif Ali are grievous. Stab injuries
were inflicted on him. He was in the hospital for several days. Learned
Public Prosecutor submitted that if anticipatory bail is granted to the
petitioner, it would seriously affect the progress of the investigation of the
case.
8. In the facts and circumstances mentioned above, I am of the
view that the petitioner is not entitled to the discretionary relief under
Section 438 of the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/