IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 Bail Appl..No. 4341 of 2010() ----------------------------- CRIME NO.811/2009 OF WADAKKANCHERY POLICE STATION, THRISSUR. (S): PETITIONER ------------------------------ 1. KANNANKUTTY @ SUNILKUMAR, AGED 25 YEARS, ELECTRICIAN, S/O.MOHANDAS, MANGATTUJALIL HOUSE, IRUNILAMKODE P.O.,S.N.NAGAR, MULLOORKARA, THRISSR 2. UNNIMON @ VIJESH, AGED 25 YEARS,S/O.BALAKRISHNAN, VARAVATOOR HOUSE,S..NAGAR, MULLOORKKARA. BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4341 of 2010 ---------------------------------------------- Dated 22nd July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 324, 341, 452 read with Section 149 of the Indian Penal Code. According to prosecution, on 10.12.2009 at about 7 p.m., accused nos.1 to 11 formed themselves into an unlawful assembly and committed house trespass into the visiting room of the defacto complainant and forcibly took him out of the room and brought him to the public road. The accused assaulted defacto complainant and others, and thereby committed the various offences. Iron pipes and hitting blocks were used for the commission of the offences. 3. Learned counsel for petitioners submitted that as per the allegations in the F.I. statement, accused nos.1 to 3 had trespassed into the house and pulled out defacto complainant and assaulted him at the road. Petitioners are accused nos.4 and 6. According to petitioners, there is no allegation that they have committed any overt act against defacto complainant. It is also BA NO. 4341/10 2 pointed out that even if the entire prosecution case is accepted, petitioners have not done anything against defacto complainant. The only allegation is that they attacked some other person, who came rushing to the road. 4. There is no case that petitioners committed house trespass. The common object of the unlawful assembly appears to be to commit house trespass and to attack defacto complainant. The petitioners have not attacked defacto complainant and not entered the house. In such circumstances, petitioners may be granted anticipatory bail, it is submitted. It was pointed out that the third accused, who is actually involved in the assault, was granted anticipatory bail by the Sessions Court. Accused nos.5, 7 to 9 and 11 were also granted anticipatory bail. Accused nos.1 and 2 were arrested and granted regular bail. Accused no.10 is also on bail. 5. Learned Public Prosecutor submitted that as per the allegations, petitioners used iron pipes and hitting block for committing the offences. Those are to be recovered. Petitioners are required for the purpose of custodial interrogation and recovery of the weapons used. It is however, conceded that the BA NO. 4341/10 3 persons whom accused nos.4 and 6 allegedly attacked, do not have any serious injuries. A direction may be given to the petitioners to surrender and co-operate with the investigation, it is submitted. Subject to that, he has no objection in granting anticipatory bail, it is submitted. 6. On hearing both sides and on considering the various facts and circumstances discussed above, particularly, the common object of the assembly, the person whom petitioners attacked, the nature of the injury sustained by such person, the need for custodial interrogation, the need for recovery of weapons etc., I am satisfied that petitioners have a strong and arguable case in respect of their involvement in the offence under Section 452 of the Indian Penal Code. Petitioners have also a strong case regarding their liability as members of the unlawful assembly. In the above circumstances, I pass the following order : (1) Petitioners shall surrender before the Investigating Officer within five days from the date of receipt of a copy of this order and co-operate with the investigation. (2) In case petitioners are arrested, offence under BA NO. 4341/10 4 Section 452 IPC will be treated as not applicable to petitioners, for the purpose of bail. Petition is disposed of accordingly. K.HEMA, JUDGE. tgs