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T.Abdul Khader vs State Of Kerala on 28 January, 2009

Kerala High Court
T.Abdul Khader vs State Of Kerala on 28 January, 2009
       

  

  

 
 
  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.

                -----------------------------------------
                        B.A.No. 345 of 2009
                -----------------------------------------

              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.

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