IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 Bail Appl..No. 2838 of 2010() ----------------------------- AGAINST THE ORDER IN 561/2010 IN CMC.560/2010 of D.C. & SESSIONS COURT,KOZHIKODE .................... (CRIME NO.135/2010 OF KAKKUR POLICE STATION, KOZHIKODE) PETITIONERS/ACCUSED NOS.3 & 4 ------------------------------------------------- 1. SUDHEEP KUMAR T.M., S/O. GOPI, AGED 28 YEARS, CHALIL HOUSE, KANNANKARA AMSOM, KANDANNUR DESOM, KANNANKARA P.O., KOZHIKODE DISTRICT. 2. SHIJIL O., S/O. HARIDASAN, AGED 20 YRS, ORALAKKODE, KUNNAMANGALAM DESOM, KUNNAMANGALAM P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT(S): COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2838 OF 2010 -------------------------------- Dated this the 24th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 341, 324, 308 r/w 149 of IPC. According to prosecution, on 30/03/2010, at about 9:15 p.m, when de facto complainant and his friends were proceeding, petitioners (A3 and A4), along with five others formed into an unlawful assembly and in prosecution of common object of the assembly, they wrongfully restrained de facto complainant and his friends and assaulted de facto complainant. First accused used sword stick and second accused used stick for commission of offence. 3. Learned counsel for petitioner submitted that no over tact is alleged against petitioners. This case is foisted due to political rivalry. De facto complainant is involved in various other crimes. First and second accused are already on bail. The main allegations are against first accused and the recovery of weapon is already effected. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the allegations made against petitioners are serious in nature. They were members of the unlawful assembly and they had wrongfully restrained de facto B.A No.2838 OF 2010 2 complainant and assaulted by using weapons. Name of petitioners find a place in FIS itself. Serious injuries are sustained by de facto complainant. Incised wounds having considerable measurements are inflicted on the right lower neck of de facto complainant. 5. On hearing both sides, considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. As per the prosecution case, offences allegedly committed in prosecution of the common object of an unlawful assembly and petitioners were members of the unlawful assembly when the serious offences were committed. Petitioners are bound to surrender before the Investigating Officer without any delay and co-operate with investigation. Petition is dismissed. K.HEMA JUDGE vdv