IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3478 of 2008() -------------------------------------- CRIME NO.447/2007 OF PERAMBRA POLICE STATION, KOZHIKODE DISTRICT PETITIONERS/ACCUSED : ------------------------------------- 1. MURALI, S/O. SANKARA MARAR, MARATH HOUSE, MENJANYAM AMSOM DESOM, PERAMBRA. 2. MADHU @ JAYAKRISHNAN, S/O. C.P. APPUKUTTY NAMBIAR, MARUTHORA CHALIL, PERAMBRA. 3. BYJU, S/O. BALAN, PARAPURATH, MENJANYAM AMSOM DESOM, PERAMBRA. 4. UNNIKRISHNAN, S/O. BALAKRISHNA MARAR, KIZHAKE KARUVENCHERI, MARUTHERI, PERAMBRA. BY ADV. SRI.P.R.SREEJITH RESPONDENT/COMPLAINANT/STATE : ------------------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.3478 OF 2008 ------------------------------ Dated this the 23rd day of June, 2008 O R D E R This is an application for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 308 and 506(1) read with section 149 I.P.C. and section 25(1) of Arms Act. According to the prosecution, the defacto complainant who is the Sub Inspector of Police got information while on patrol duty that certain people were standing armed with deadly weapons and the police party proceeded to the place of occurrence and found the accused and others there and on seeing the police party, one of the accused attacked the defacto complainant with sword but he managed to escape. The police constables tried to arrest the petitioners from the spot but they could not over power the petitioners since they were armed with deadly weapons. Some of the weapons were abandoned at the place of occurrence, when all of them escaped from the scene. Cycle chain and swords were seized form the place. A mobile phone was also seized from the place and it is revealed that the said mobile phone was obtained by giving false details. B.A.3478/2008 2 3. Learned counsel for the petitioner submitted that this is a totally false case. It has been registered only at the instance of the ruling party. The petitioners are BJP/RSS workers and their names are brought into the accused array only on instructions by the rival party, which is in power now. The mobile phone was recovered from the verandah of the house, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that Sub Inspector has no enmity towards the petitioners to fabricate a false case against them. Even a mobile phone were seized from the place of occurrence along with other weapons. If the petitioners are granted anticipatory bail, it will adversely effect the investigation. On hearing both sides I find that there is no ground to grant anticipatory bail, especially in the absence of any materials to support the defence contentions. The petition is dismissed. K.HEMA, JUDGE pac