IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 1991 of 2010() ------------------------------------------ (CRIME NO.252 OF 2010 OF TALIPARAMBA POLICE STATION, KANNUR) .... PETITIONERS/ACCUSED NOS.1 & 2: --------------------------------------------------------- 1. ABDUSAMAD.P.P., S/O.IBRAHIM MUSALIYAR, AGED 36 YEARS, PANICKERAKATH, MORAZHA AMSOM, KADAMBERI, P.O.KANNOOL, TALIPARAMBA. 2. MOHAMMED MANZOOR.P.P., AGED 25 YEARS, S/O.RAMSAN FAIZY, MORAZHA AMSOM, KADAMBERI, P.O.KANNOOL, TALIPARAMBA. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): STATE: --------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, (CRIME NO.252 OF 2010). BY PUBLIC PROSECUTOR SRI. T. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 1991 of 2010 ----------------------------- Dated this the 23rd day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. According to prosecution, on 20.03.2010 de facto complainant's brother's autorickshaw was damaged by workers of IUML and on knowing this, de facto complainant, along with ten others went to the said place, but assailants had already left. While they were returning, at about 8.30 P.M., petitioners(A1 and A2) along with 50 others formed into an unlawful assembly, armed with deadly weapons like reapers stick, and they assaulted de facto complainant and others. Three persons sustained injuries. 3. Learned counsel for petitioner submitted that in connection with the same incident four crimes were registered against the two rival groups. According to prosecution version itself, the reason for the commission of offences is that the auto B.A. No. 1991 of 2010 2 rickshaw was damaged. But, according to the de facto complainant himself, assailants were not seen at the place and hence the allegation made against petitioners is highly improbable, it is submitted. 4. Learned Public Prosecutor submitted that a mob consisting of 50 persons attacked de facto complainant and three persons are injured in the incident. Reapers and sticks were used for the offence and those are to be recovered. Since all the assailants together attacked, it is not specifically stated as who exactly inflicted injuries etc. Considering the various facts and circumstances, I do not think that this is a fit case to grant anticipatory bail. No ground is made out to grant anticipatory bail. It only appears that two groups were engaged in fighting against each other and both sides sustained injuries. This petition is dismissed. K. HEMA, JUDGE ln