IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Bail Appl..No. 3340 of 2008() ----------------------------- CRIME NO.144/2008 OF ANCHAL POLICE STATION PETITIONERS/ACCUSED NOS. 1 AND 2 ------------------------------------------------- 1. SUNIL KUMAR, S/O.SURENDRAN, AGED 26 YEARS, KUNNUMPURATHU VEEDU, ELAVOOR, ALAYAMON VILLAGE, CHANNAPPETTA, KOLLAM. 2. JAYASENAN @ MANIKKUTTAN, AGED 40, DO. DO. BY ADV. SRI.DILEEP P.PILLAI RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON 26/05/2008 PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3340 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2008 O R D E R Application for anticipatory bail. 2. Petitioners are accused 1 and 2 in the crime. The offences alleged are under sections 143, 147, 148, 323, 324 and 308 read with section 149 IPC and section 27 of the Arms Act. According to the prosecution, on 23-2- 2008 at about 10 p.m. the petitioners along with three others armed with deadly weapons unlawfully assembled together and committed various offences against the defacto-complainant. 3. This application is opposed by the learned Public Prosecutor. It is submitted that weapons used for the crime are to be recovered and custodial interrogation of the petitioners is also required. 4. The learned counsel for the petitioner submits that there was a quarrel between two groups on the allegation of abusing women who came in temple festival. Nothing more had happened. It is also submitted that there is a rivalry between the petitioners and the defacto-complainant on account of some other matter. Hence, this case is falsely foisted against the petitioners. BA 3340/08 -2- 5. On hearing both sides, I am satisfied of the submission that the petitioners are to be interrogated in custody and weapons are to be recovered. Hence, if anticipatory bail is granted, it will adversely affect the investigation. Therefore, the application is dismissed. K. HEMA, JUDGE. mn.