IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2339 of 2008()
1. MUJEEB, S/O.KHADER, AGED 24 YEARS
... Petitioner
2. MUKRI SOOPPY, S/O.EBRAHIM, AGED 48 YEARS
3. K.K. MAMMOOTTY, S/O.KUNHABDULLA
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE STATION HOUSE OFFICER
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/05/2008
O R D E R
K.HEMA, J.
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B.A.No.2339 of 2008
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Dated this the 9th day of May, 2008
ORDER
Heard both sides.
2. This petition is for anticipatory bail. A crime was
registered against the petitioners who are accused numbers 1 to
3 in crime No.65/08 under Sections 341 and 323 of IPC read
with Section 3(1)(x) of the Schedule Caste & Schedule Tribes
(Prevention of Atrocities) Act 1989.
3. According to the learned counsel for the petitioners,
the incident is an off-shoot of political rivalry. With a view to
defeat the rights of the petitioners, offence under the Schedule
Caste & Schedule Tribes (Prevention of Atrocities) Act is also
included with ulterior motive. The petitioners are stated to be
innocent for the allegations made. Except bare assertions, there
is nothing to substantiate the plea of innocence.
4. Learned Public Prosecutor opposed these applications
and pointed out that an offence under the Schedule Caste &
Schedule Tribes (Prevention of Atrocities) Act is involved and
hence, anticipatory bail cannot be granted as there is a bar
BA 2339/08 2
under Section 18.
5. On hearing both sides, I am satisfied that this is not a
fit case to grant anticipatory bail. Learned counsel for the
petitioners submitted that the petitioners are prepared to
surrender before the trial court. They may do so, if so advised.
Petition is dismissed.
K.HEMA, JUDGE
csl