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Hassainer @ Hassan vs State Of Kerala on 28 May, 2010

Kerala High Court
Hassainer @ Hassan vs State Of Kerala on 28 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3018 of 2010()


1. HASSAINER @ HASSAN S/O. MOOSA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

                For Petitioner  :SRI.S.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MRS. Justice K.HEMA

 Dated :28/05/2010

 O R D E R
                                K. HEMA, J.
                ---------------------------------------------------
                  B.A. Nos. 3018 & 3105 of 2010
                ---------------------------------------------------
                 Dated this 28th day of May, 2010.


                                   ORDER

These two petitions are for bail and anticipatory bail

respectively.

2. The alleged offences are under Section 147, 148, 332, 427

and 308 read with Sec. 149 IPC. According to prosecution, a

procession was conducted by the workers of CPI(M) and, on seeing

a car of a Congress worker parked by the side of the road, stones

were pelted at it. The police tried to interfere and workers of CPI(M)

as well as the Congress party pelted stones at the police. The sub

Inspector and also a Police Constable were injured and they

sustained injuries while they were discharging their official duty.

3. Accused no. 6 filed a petition for bail and accused nos. 5,

7, 8, 9, 10 and 12 filed application for anticipatory bail. They are all

Congress workers. According to learned counsel for petitioners,

actually the workers of CPI(M) had become violent on seeing the

car of a Congress worker, who is implicated as the 4th accused. He

was having a shop by the side of the road and the car was parked

in front of the road. The Congress workers are falsely implicated

[B.A.Nos.3018 & 3105/2010] 2

by police only to pacify CPI(M) leadership. Petitioners are totally

innocent of the allegations made and they are implicated falsely.

Petitioners, who filed anticipatory bail applications, are teachers

and they have not committed any offence, it is submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that petitioners were identified and the names of 12

accused are mentioned in the FIR. It is not correct to say that they

are innocent of the allegations made. Learned Public Prosecutor

also pointed out that in Kasaragod District political clashes are

common and police officials are at receiving end and many

incidents occurred in which police is attacked. If the reliefs are

granted, it will send a wrong message to public, it is submitted.

5. On hearing both sides, on considering the various aspects

pointed out by learned Public Prosecutor and taking into account

the serious nature of the allegations made, I am satisfied that this

is not a fit case to grant anticipatory bail. There are only bare

assertions regarding the innocence of petitioners but, there are no

supporting materials. I am also satisfied that it may not be fit and

proper to grant bail to the 6th accused at this stage.

Petitions are dismissed.

K. HEMA, JUDGE.

Krs.

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