IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 Bail Appl..No. 1969 of 2010() ------------------------------------------ CRIME NO.191/2010 OF THE NILESHWAR POLICE STATION, KASARAGOD DIST. ........... PETITIONERS/ACCUSED NOS. 1 TO 6 --------------------------------------------------- 1. P.P.VIJAYAN, S/O. P.P.SHANMUGHAN, AYTHALA, P.O.THAIKADAPURAM, KASARAGOD DISTRICT. 2. P.P.SAJEEVAN, S/O. P.P.SHANMUGHAN, AYTHALA, P.O.THAIKADAPURAM, KASARAGOD DISTRICT. 3. P.P.VIJEESH, S/O. VIJAYAN, AYTHALA, P.O.THAIKADAPURAM, KASARAGOD DISTRICT. 4. P.P.VINOY,S/O. VIJAYAN, AYTHALA, P.O.THAIKADAPURAM, KASARAGOD DISTRICT. 5. P.P.SREEJITH, S/O.P.P.ARAVINDAN, AYTHALA, P.O.THAIKADAPURAM, KASARAGOD DISTRICT. 6. K.P.VINOD, S/O. SADANANDAN, AYTHALA, P.O.THAIKADAPURAM, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,THROUGH THE SUB INSPECTOR OF POLICE,NILESHWAR POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERLA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 1969 of 2010 ------------------------------------ Dated this the 1st day of July, 2010 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 452, 323 and 324 read with Section 149 of the Indian Penal Code. According to prosecution, petitioners (A1 to A6) along with ten others formed themselves into an unlawful assembly, armed with dangerous weapons, committed rioting and committed house trespass into the house of the de facto complainant and assaulted de facto complainant with a stone. When other inmates of the house came rusting and they were also beaten with sticks. 3. Learned counsel for petitioners submitted that 6th accused was a worker of the CPI(M). Later, he joined congress party and hence de facto complainant has enmity towards the 6th accused. When he was proceeding along the road, de facto complainant and few others came to him and attacked him. On the statement given by him, Crime no. 192/2010 was registered. The incident did not occur in the house as alleged. It is only to include offence under Section 452 of the Indian Penal B.A. No. 1969 of 2010 2 Code, which is a non bailable offence that allegations are made that the incident happened in the house etc. The injury sustained are also not seen serious. 4. This petition is opposed. Learned Public Prosecutor submitted that the incident happened in the house of the de facto complainant, as seen from the materials in the case diary. Two persons are injured in the assault and they were hospitalised also. It is not correct to say that the incident happened outside the house or on the road. It is also submitted that the motive is not political issue. The incident did not happen because of the political reason. The de facto complainant was a member of the Mutheswari Tharavadu, but the petitioners are members of a temple committee, there is a dispute between them, which is not politically based. 5. On hearing both sides and on going though the materials in the case diary, I find that even a female is injured in this incident and she allegedly sustained injuries from the house. Though the petitioners would content that they sustained injuries, there are no materials on record to support this. At B.A. No. 1969 of 2010 3 any rate on the facts and circumstances of this case, on considering the nature of the allegations made and the injuries sustained, I am satisfied that this is not a fit case to grant anticipatory bail. 6. The incident happened as early as on 20.03.2010. Petitioners are bound to surrender before the investigating officer and co-operate with the investigation without any delay. Petition is dismissed. K. HEMA, JUDGE ln