IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 Bail Appl..No. 1912 of 2010() --------------------------------------- CRIME NO.251/2010 OF KASARAGOD POLICE STATION .......... PETITIONERS/ACCUSED NOS.1,2,3 & 4 ------------------------ 1. SABEER,22 YEARS, OF AGE,S/O.BEERAN, RESIDING AT ORAVANGARA MADATHIL HOUSE,KALANAD PO, KASARAGOD DISTRICT. 2. ABBAS JAFFAR.A.S,38 YEARS OF AGE, S/O.A.S.AHAMMED,RESIDING AT RAHMANIYA MANZIL, ALAMPADDY PO, KASARAGOD DISTRICT. 3. MOHAMMED ASHARAF,S/O.A.S.AHAMMED, RESIDING AT EYYALA,BENDICHAL,THEKKIL PO, KASARAGOD DISTRICT. 4. SULAIMAN BADUSHA,S/O.A.S.AHAMMED, RESIDING AT EYYALA,BENDICHAL,THEKKIL PO, KASARAGOD DISTRICT. BY ADV. SRI.M.S.IMTHIYAZ AHAMMED SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT(S): -------------------------- SUB INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 1912 of 2010 ----------------------------- Dated this the 8th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 323 and 452 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners, formed themselves into an unlawful assembly and committed house trespass into the house of the de facto complainant and assaulted de facto complainant, his mother and a relative, who came to the scene, on seeing the assault and thereby committed the various offences. The assailants are the de facto complainant's wife's close relatives and a friend of her uncle. 3. Learned counsel for petitioners submitted that de facto complainant's wife was ill-treated by de facto complainant and she made a phone call and accordingly, her mother had gone to the house of the de facto complainant to fetch her. On reaching there, she was attacked by the de facto complainant and therefore, this fact was also conveyed to her near relatives. They came there while they were also assaulted and a complaint was B.A. No. 1912 / 2010 2 lodged against the de facto complainant and others for having assaulted petitioners. Petitioners also sustained injuries as evidenced by the medical records produced along with this petition. No incident as alleged has taken place and offence under Section 452 will not be attracted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the de facto complainant and another person had sustained injury in the incident. Petitioners are accused nos. 1 to 4, who are close relatives of the de facto complainant's wife and their family friend. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on going through the case diary, I am satisfied that on the facts of this case, this is not a fit case to grant anticipatory bail. There are serious allegations against the petitioners. However, I find that regarding the involvement of offence under Section 452 of the Indian Penal Code, I find that no weapon is used in the case and petitioners have a strong and arguable case. Hence, the following order is passed: B.A. No. 1912 / 2010 3 1. Petitioners shall surrender before the investigating officer within seven days from today and co-operate with the investigation. 2. In case, if petitioners are arrested, offence under Section 448 of the Indian Penal Code will be treated as included, in the place of Section 448 IPC, for the purpose of bail. Petition is disposed of accordingly. K. HEMA, JUDGE ln