IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 8TH JUNE 2010 / 18TH JYAISTHA 1932 Bail Appl..No. 2408 of 2010() ----------------------------- CRIME NO.108/2010 OF KARIPPUR POLICE STATION, MALAPPURAM. (S): PETITIONERS/ACCUSED NOS. 1 & 4 -------------------------------------------------- 1. MANSOOR, S/O.AHAMMEDKUTTY, PUTHUKKUDI CHOLANGOTTIL, PULIKKAL P.O., ALUNGAL, MALAPPURAM DISTRICT. 2. MOHAMMED SHAFFI, S/O.AHAMMEDKUTTY, PUTHUKKUDI CHOLANGOTTIL, PULIKKAL P.O., ALUNGAL, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR SRI.K.RAKESH RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARIPPUR POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2010, ALONG WITH B.A.NO.2583/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application Nos.2408 & 2583 of 2010 ---------------------------------------------- Dated 8th June, 2010. O R D E R These petitions are for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 323, 324 and 326 read with Section 149 of the Indian Penal Code. Petitioners are accused Nos.1, 4 and 5 in the crime. They are alleged to have formed into an unlawful assembly with other accused and in prosecution of common object of the assembly, attacked defacto complainant by using knife and hitting block and inflicted grievous hurt on him. The incident happened on 19.3.2010 at about 8 p.m. in a theatre. 3. Learned counsel for petitioners submitted that defacto complainant committed mischief in the theatre and the public protested and some incident happened. Petitioners are not responsible for the incident. The incident happened in darkness and defacto complainant had not identified any of the assailants, but due to prior enmity, petitioners' names are mentioned as assailants. 4. These petitions are opposed. Learned Public BA NO.2408 & 2583/10 2 Prosecutor submitted that as per the allegations in the complaint, there was some quarrel between defacto complainant and petitioners inside the theatre and during interval time, petitioners assaulted defacto complainant by using knife and hitting block and serious injuries were sustained by defacto complainant. The weapons are yet to be recovered and petitioners' custodial interrogation is necessary. 5. On hearing both sides, I am satisfied of the submission made by learned Public Prosecutor that petitioners will be required for custodial interrogation and recovery of the alleged weapons used for the offence. Considering the serious nature of the allegations made and the nature of investigation required, I am satisfied that this is not a fit case to grant anticipatory bail. Petitions are dismissed. K.HEMA, JUDGE. tgs