IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1045 of 2010()
1. ABINESH.M, S/O.ASHOKAN,
... Petitioner
2. SIJEESH, S/O.SASIDHARAN,
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.C.P.PEETHAMBARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 1045 of 2010
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Dated this the 1st day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are accused
Nos.1 and 2 in Crime No.58/2010 of Chokli Police Station,
Kannur.
2. The offences alleged against the petitioners are under
Sections 3 and 5 of the Explosive Substances Act.
3. The prosecution case is the following:
Renovation work of Moozhikkara Juma Masjid was over and
it was scheduled to be inaugurated on 20.01.2010. Decoration
works were going on. On 17.01.2010, when the de facto
complainant and his friends were engaged in the decoration
works, the accused persons, three in number, came on a motor
bike belonging to the first accused and hurled a country made
bomb towards the de facto complainant. The bomb exploded.
However, nobody sustained any injuries.
4. The allegations levelled against the petitioners are grave
in nature. It is stated that the political clashes were going on in
B.A. No. 1045/2010 2
the place between CPI(M) and NDF workers. Whatever may be
the dispute, throwing a county bomb towards a place of worship
is a heinous crime.
4. The learned Public Prosecutor submitted that the
petitioners are involved in several other cases.
5. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the allegations
levelled against the petitioners, I do not think that this is a fit
case where anticipatory bail can be granted to the petitioners.
The petitioners are not entitled to the discretionary relief under
Section 438 of the Code of Criminal Procedure. If anticipatory
bail is granted to the petitioners, it would adversely affect the
proper investigation of the case.
For the aforesaid reasons, the Bail application is dismissed.
K.T. SANKARAN, JUDGE
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