IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 Bail Appl..No. 7486 of 2008() ----------------------------- CRIME NO.487/08 OF THE BEKAL POLICE STATION, KASARAGOD PETITIONER (S): ACCUSED 1,2,3,5,7 AND 8: -------------------------------------------- 1. NAVAF, S/O.ABDUL RAHIMAN, 21/08, NAVAF MANZIL, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 2. ILLYAS, S/O.C.ABDULLA HAJI, 22/08, THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 3. SUHAIB, S/O.ABDULLA, 20/08, THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 4. MASHOOD, S/O.HAMSA, 20/08, MASOOD MANZHIL, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 5. MUKKOT MUHAMMED KUNHI, S/O.ANDUMAI, 43/08, THAYAL THOTTI HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. 6. BASID, S/O.C.H.MOHAMMED KUNHI HAJI, C.H.HOUSE, PALLIKKARA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7486 of 2008 ----------------------------------------- Dated this the 11th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323 and 308 read with 149 of the Indian Penal Code. According to prosecution, petitioners (accused 1 to 6) formed into an unlawful assembly and, armed with weapons like iron rod, iron block, stick etc., assaulted de facto complainant, in prosecution of common object of the unlawful assembly and committed culpable homicide by inflicting injuries on him. 3. Learned counsel for petitioners submitted that petitioners are falsely implicated. They are workers of IUML, whereas de facto complainant is a worker of INL in accordance with law which owes its allegiance to the present ruling party and hence a false case has been foisted against petitioners. The injuries sustained are minor IN NATURE and it is not correct to say that any attempt was made to commit culpable homicide. Learned counsel for petitioners also submitted that petitioners are not required for recovery of weapons, since as per the allegations, the weapons were abandoned at the scene itself. BA.7486/08 2 4. Learned Public Prosecutor submitted that the injuries sustained by de facto complainant are head ache and pain on the left eye, pain on the left leg and contusion on the nose. Other injuries were also sustained. 5. On hearing both sides, in the nature of the allegations made, I do not find it fit to grant anticipatory bail. However, considering the various facts, for the purpose of bail, it offence under Section 308 IPC can be treated as offence under Section 324 IPC. Petitioners are directed to surrender before the investigating officer or the Magistrate Court concerned and co-operate with the investigation. In such event, offence included will be treated as one under Section 324 IPC, instead of Section 308 IPC for the purpose of bail either by the police or by the court. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.