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.
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B.A. Nos. 3018 & 3105 of 2010
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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.
