High Court Kerala High Court

Abhilash vs State Of Kerala on 30 July, 2010

Kerala High Court
Abhilash vs State Of Kerala on 30 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 1397 of 2010()


1. ABHILASH, S/O.ASOKAN
                      ...  Petitioner
2. SHYAM SHOBH
3. PRAJEESH, S/O.PRABHAKARAN
4. RAJESH,S/O.SUKUMARAN
5. PRADEESH, S/O.KELU

                        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 :30/07/2010

 O R D E R
                              K.HEMA, J.
            ----------------------------------------------
                Bail Application No.1397 of 2010
            ----------------------------------------------
                       Dated 30th July, 2010.

                               O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 143, 147,

148, 447 and 427 read with Section 149 of the Indian Penal Code

and Sections 3 and 5 of the Explosive Substances Act. According

to prosecution, on 26.1.2010, at about 1.35 a.m., petitioners (A1

to A5) and 10 other accused formed themselves into an unlawful

assembly and hurled bomb at the house of defacto complainant,

and it fell on the jeep and caused damage to the jeep.

3. Learned counsel for petitioners submitted that

petitioners are workers of C.P.I.(M) and defacto complainant is a

worker of the B.J.P. Because of the political enmity, defacto

complainant himself threw a cracker and falsely fabricated a case

against petitioners. The substance involved in this case is not an

explosive substance. It is merely a cracker, it is submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that the jeep was damaged and as per the allegations,

the accused themselves hurled bomb at the house. The bonnet

BA NO. 1397/10 2

and the glasses of the jeep were broken.

5. On hearing both sides and on considering the

serious nature of the allegations made, I do not think that this is a

fit case to grant anticipatory bail. Consideration for grant of bail

and anticipatory bail is different. The incident happened as early

as in January, 2010, on a republic day and seven months have

already elapsed. The investigation is in a standstill, for want of

arrest of petitioners, who are the main offenders. There is no

justification in granting anticipatory bail to petitioners, since it is

likely to affect the investigation adversely. Petitioners are bound

to surrender and co-operate with the investigation.

No further application for anticipatory bail by

petitioners in this crime will be entertained by this

court hereafter.

Petition is dismissed.

K.HEMA, JUDGE.

tgs