IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6516 of 2008()
1. AMEERALI K.P. KUTTICHI P.O.,
... Petitioner
2. YAHIYA, THEKKEVALAPPU,
3. N.MUNEER, UDUMBUMTHALA, SOUTH
4. SAVAD, S/O.ABOOBACKER, K.K.P.
5. IMTHIYAS N, VADAKKEKOVVAL,
6. KUTTY RASHEED @ ABDUL RASHEED B.,
7. NASEER, B/O. KOLLI SHAREEF, AYITY,
8. MOOSA, BAKKIRIMUKKU, MAIDANI P.O.
Vs
1. STATE OF KERALA REPD. BY THE PUBLIC
... Respondent
For Petitioner :SRI.P.SANJAY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/12/2008
O R D E R
K.HEMA, J.
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B.A.No. 6516 of 2008
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Dated this the 4th December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
452, 427 read with 149 of the Indian Penal Code. According to
prosecution, on 8.10.2008 at about 8 PM, petitioners, due to prior
enmity, in furtherance of a common intention committed house
trespass into the office of the CPI(M) and destroyed window glasses
and committed mischief. Petitioners are accused 1 to 3, 4, 5 and 6.
3. Learned Public Prosecutor submitted that accused 1 to 3
and 6 are already arrested and petitioners 7 and 8 are not arrayed
as accused in the crime.
4. There is no representation for petitioners consecutively for
the third time.
On considering the nature of allegations made and the nature
of investigation required, I am not satisfied that it is a fit case to
grant anticipatory bail. Petitioners 7 and 8 being not accused in the
crime, anticipatory bail cannot be granted to them. Since accused
2, 3 and 6 are already arrested, prayer for anticipatory bail by them
is infructuous. Petitioners 4 and 5 are required for investigation.
BA.6516/08 2
Hence, petitioners 4 and 5 are directed to
surrender before the investigating officer and co-
operate with the investigation without any delay.
Whether they surrender or not, police is at
liberty to arrest them and proceed in accordance
with law.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.