IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 345 of 2009()
1. T.ABDUL KHADER, AGED 26 YEARS,
... Petitioner
2. T.K.MANZOOR, AGED 26 YEARS,
3. ASHRAF.N.U, AGED 20 YEARS,
4. A.C.ABDUL SHUKKUR @ SHUKKUR,
5. M.K.SHIHAB, AGED 24 YEARS,
Vs
1. STATE OF KERALA, REP. BY THE PUBLIC
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.A.SUDHI VASUDEVAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :28/01/2009
O R D E R
K.HEMA, J.
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B.A.No. 345 of 2009
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Dated this the 28th January, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 144, 145,
147, 148, 152, 153, 353, 308, 427 read with 149 of the Indian
Penal Code and Section 3(1) of the PDPP Act. According to
prosecution, two groups of people pelted stones against each
other, due to political reasons and when the police came to the
spot, they pelted stones against the police also and the jeep
was damaged. Petitioners are accused 13 to 17 in the crime.
3. Learned counsel for petitioners submitted that
petitioners are innocent of the allegations made and no overt
act is alleged against petitioners and they are not named in the
FIR. The co-accused are granted bail by this Court as per
Annexure-A3 order dated 13.8.2008 and hence, petitioners
may be granted anticipatory bail, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioners are implicated as accused 13 to 17.
It is true that they are not named in the FIR, but in the FIR it
BA.345/09 2
is mentioned that about 100 persons are involved. Petitioners
are identified by the witnesses and the case diary reveals
materials against petitioners. They are also involved in the
offence. It is not a fit case to grant anticipatory bail, it is
submitted.
5. On hearing both sides, considering the nature of
allegations made, I am not inclined to grant anticipatory bail to
petitioners. Granting of bail the co-accused, who were in
judicial custody, cannot by itself be a ground to grant
anticipatory bail.
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.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.
