IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3425 of 2008() ----------------------------- CRIME 114/08 OF KADAKKAVUR POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. RAFEEK, S/O.ABDUL RUB, NOORA MANZIL, KULAMUTTAM P.O., THIRUVANANTHAPURAM DIST. 2. SALIM, S/O.MUHAMMED ABDUL KHADER, C.K.HOUSE, KULAMUTTAM P.O., THIRUVANANTHAPURAM DIST. 3. MUHAMMED IQUBAL, S/O.MUHAMMED ABDUL KHADER, C.K.HOUSE, KULAMUTTAM P.O., THIRUVANANTHAPURAM DIST. 4. ABU, S/O.ABDUL SHUKKOOR, A.A.A.MANZIL, KULAMUTTAM P.O., THIRUVANANTHAPURAM DIST. 5. SHIBU, S/O.ABDUL SHUKKOOR, VALIYAVILA VEEDU, KULAMUTTAM P.O., THIRUVANANTHAPURAM DIST. 6. ABDUL HASSAN @ PODIYAN, S/O.ABDUL SHUKKOOR, KUNNIVILA, KULAMUTTAM P.O.,THIRUVANANTHAPURAM DIST. 7. ANOOP, S/O.SHAHUL HAMEED, CHAMAVILA VEEDU, KULAMUTTAM P.O., THIRUVANANTHAPURAM DIST. BY ADV. SRI.C.K.PRASAD SRI.ABHILASH S.FRANCIS RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KADAKKAVUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON 28/05/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3425 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioners are accused 1, 2, 4, 5, 6, 7 and 9 in the crime registered under Sections 143, 147, 148, 452, 341, 324, 326 and 506(11) read with Section 149 IPC. According to prosecution, on 2.5.2008 at 9.45 PM, accused 11 in number formed an unlawful assembly and armed with deadly weapons trespassed into the house of defacto complainant and inflicted injuries on him and his elder brother. The victim sustained a fracture. Daggers were used by accused 2 and 3. 3. This petition is opposed. Learned Public Prosecutor submitted that weapons of offences are not recovered so far and the petitioners are required for custodial interrogation and recovery of weapons. It is also submitted that there was a clash between two factions of the same Jama-at and if anticipatory bail is granted to the petitioners, there is likelyhood of law and order situation in the locality and that this is not a fit case to grant anticipatory bail, it is submitted. BA.3425/08 2 4. Learned counsel appearing for petitioners argued that the injured and defacto complainant are involved in illegal sand mining and this is opposed by second and third accused. Second accused is the Secretary of the Jama-at and third accused is his brother. While the second accused was sitting in the house of third accused on the same day prior to the incident alleged in this case, the defacto complainant and others trespassed into the house, caused damage to the house and assaulted the accused. A crime was also registered on the complaint made in respect of that incident. Therefore, a false case is now foisted against the petitioners. 5. It is submitted that it is because of the social commitment of the petitioners that they were protesting against the illegal sand mining and the defacto complainant is motivated to implicate the petitioners in some offence or other. 6. On hearing both sides, I find that there are two incidents, in which both parties are injured. Weapons of offence are not recovered in this case. There is specific overt act alleged against some of the petitioners. A fracture is also caused to the injured. There is nothing on record to support the plea of innocence and the contentions that the defacto complainant and others are involved in sand mining and that petitioners were protesting against the same BA.3425/08 3 etc. In the above circumstances, I am satisfied that it is not a fit case to grant anticipatory bail in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE vgs.