IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4730 of 2008()
1. A.P.ABDUL MAJEED
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :30/07/2008
O R D E R
K.HEMA, J.
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B.A. No.4730 OF 2008
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Dated this the 30th day of July, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147,
148, 353, 427 read with Section 149 I.P.C. According to the
prosecution, on 19.07.2008 while the Cluster Meeting of the
teachers was going on, certain persons marched into the place
where meeting was held and assaulted the teachers and
destroyed the controversial text book, and a crime was registered
under Sections 143, 147, 148, 353, 427 read with Section 149
I.P.C. They obstructed the teachers from proceeding with their
meeting, in the course of the official duty.
3. Learned counsel for the petitioners submitted that
name of none of the petitioners are mentioned in the F.I.R. But
the petitioners who are leaders of a political party are dragged
into the offence and they are falsely implicated on political
reasons. It is also submitted that they may not be required for
any custodial interrogation.
B.A.4730/2008
2
4. This petition is opposed. Learned Public Prosecutor
submitted that the petitioners are accused nos.5 to 14 in the
crime. There are altogether 50 accused involved in the offence,
out of which, the petitioners are accused nos. 5 to 14. Their
identity is revealed in the investigation and they are required for
custodial interrogation and for the purpose of identifying them by
the witnesses. Since investigation is going on, if anticipatory bail
is granted to the petitioners at this stage, it will adversely affect
the investigation, it is submitted.
I am satisfied of the submissions made. Only because the
petitioners are not named in the F.I.R. it may not be possible to
say that they are innocent. The persons who are implicated as
accused will be required for interrogation and identification by
witnesses. Hence it may not be proper to grant anticipatory bail
to the petitioners in an offence of this nature.
The petition is dismissed.
K.HEMA, JUDGE
pac