IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1993 of 2009()
1. AMJATH @ HAMJATH SHAMEENA,
... Petitioner
2. MUHAMMED SHUHAIB S/O. ABDUL KHADER,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE, REP.BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice P.BHAVADASAN
Dated :15/04/2009
O R D E R
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - -
B.A. No. 1993 of 2009
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 15th day of April, 2009.
ORDER
Petition for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148, 341, 323,
324, 308 read with Section 149 IPC. According to prosecution, petitioners
formed themselves into an unlawful assembly along with other accused
and attacked de facto complainant due to political rivalry and inflicted
various injuries. Iron rod and sticks were used for the offence.
3. Learned counsel for petitioners submitted that offence under
Section 308 IPC is included only to harass petitioners. De facto
complainant has not sustained any serious injury. He is an S.F.I worker
and petitioners are implicated only because of political rivalry.
4. This petition is opposed. Learned Public Prosecutor submitted
that this is not a fit case to grant anticipatory bail. Weapons used for the
offence are to be recovered. Petitioners are accused 3 and 4 and they are
required for interrogation.
5. On hearing both sides, I am satisfied that this is not a fit case to grant
anticipatory bail, considering the serious nature of allegations made.
Petitioners are bound to surrender and co-operate with the investigation
and make themselves available for interrogation. However, it is made
BA 1993/2009
clear that for the purpose of bail, offence under Section 308 IPC will be
treated as excluded, considering the nature of injury sustained. Hence, the
following order is passed:-
1. Petitioners are directed to surrender before the investigating
officer without any delay and co-operate with the investigation. Whether
they surrender or not, police is at liberty to arrest them and proceed in
accordance with law.
2. No further application for anticipatory bail by petitioners in this
crime will be entertained by this court, since on the facts in this case, this
court ordered that this is not a fit case to grant anticipatory bail and any
order to the contrary in any subsequent anticipatory bail application will
amount to review, which is impermissible in law.
The petition is dismissed.
P BHAVADASAN,
JUDGE
lgk