IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 4554 of 2009() 1. ABDUL SALAM, AGED 24 YEARS, ... Petitioner Vs 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, ... Respondent 2. THE STATION HOUSE OFFICER, For Petitioner :SRI.M.SASINDRAN For Respondent :PUBLIC PROSECUTOR The Hon'ble MR. Justice K.T.SANKARAN Dated :06/10/2009 O R D E R K.T. SANKARAN, J. --------------------------- B.A. No. 4554 of 2009 ------------------------------------ Dated this the 6th day of October, 2009 O R D E R
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure. The petitioner
is accused No.5 in C.R No.880/2005 of Kasaragod Police
2. The offences alleged against the petitioner are
Section 149 of the Indian Penal Code.
3. The prosecution case is that on 6/12/2005 at
3 A.M., the accused persons pelted stones towards the driver
of a tanker lorry. The 6th December was being observed as
“Babri Masjid Day”. On that day, some section of people would
observe hartal. On the ground that the lorry was being plied
on that day, the accused pelted stones. The driver of the lorry
lost control of the vehicle. The vehicle hit on a tree. As a result
of the injuries, the driver died.
4. Taking into account the facts and circumstances of
the case, the nature and gravity of the offence, the allegations
B.A. No. 4554/2009
levelled against the petitioner and other circumstances and also
taking note of the fact that the incident took place about 4 years
before, on 6/12/2005 and taking into account the fact that
several accused persons including the petitioner could not be
arrested, I am not inclined to grant anticipatory bail to the
petitioner. 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