IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 123 of 2009()
1. SHABEER MOHAMMED, SHIHAZ MANZIL,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.A.N.RAJAN BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :15/01/2009
O R D E R
K. HEMA, J.
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B.A. No. 123 of 2009
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Dated this the 15th day of January,2009
O R D E R
Petition for anticipatory bail.
2. The alleged offences are under sections 294(b), 324,
326 read with section 34 IPC. According to prosecution,
petitioner and de facto complainant’s friend had some difference
of opinion, following an altercation between them. On the date
of occurrence petitioner and others came to de facto
complainant and enquired about “Prince” under the impression
that he was hidden by de facto complainant. When he explained
about his ignorance, he was assaulted by petitioner and others
using iron rod and de facto complainant sustained a fracture on
his arm.
3. Learned counsel for petitioner submitted that
petitioner is absolutely innocent. According to petitioner,
petitioner is a witness in a case against one ‘Soman Pillai’ who is
a political leader. Therefore, petitioner is falsely implicated.
Petitioner has not committed any offence and there is no motive
for petitioner and there is no rivalry between petitioner and de
facto complainant .
4. This petition is opposed. Learned Public Prosecutor
BA 123/09 -2-
submitted that the nature of the allegations made against
petitioner is serious. The facts stated by petitioner’s counsel are
insufficient to grant anticipatory bail. Recovery of weapon for
the offence is to be effected and hence, this is not a fit case to
grant anticipatory bail.
5. On hearing both sides, I find that considering the
nature of allegations made and the nature of investigation
required, it is not a fit case to grant anticipatory bail. The
incident occurred on 14-12-2008 and petitioner is not available
for investigation and the investigation in a stand still.
Hence, petitioner is directed to surrender
before the Investigating Officer without any delay
and co-operate with the investigation. Whether he
surrenders or not, police is at liberty to arrest him and
proceed in accordance with law.
With this direction, this petition is dismissed.
K.HEMA, JUDGE.
mn.