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. 3753 of 2010() ------------------------------------------ (CRIME NO.436 OF 2010 OF PAYYANNUR POLICE STATION,KANNUR DISTRICT) ... PETITIONERS/ACCUSED NOS. 1,2, AND 3: ------------------------------------------------------------- 1. KAKKADI NIKHIL, AGED 38 YEARS, S/O. KUNHAMBU VETTAM ITTAMMAL, KANDOTH DESOM, VELLUR AMSOM, KANNUR DISTRICT. 2. VEMBIRANHAN ANEESH, AGED 31 YEARS, S/O.KUNHAMBU PAYYANNUR AMSOM,KOKKANISSERY DESOM, PAYYANNUR.P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. 3. MADATHIRIYAN LAYESH, AGED 32 YEARS, S/O. CHANDRASEKHARAN, PAYYANUR AMSOM, KOKKANISSERY DESOM, PAYYANNUR.P.O., TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADVS. SRI.M.SASINDRAN, SRI.JOHNY THOMAS. RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PAYYANNUR POLICE STATION (CR. NO. 436 OF 2010 ) KANNUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 3753 of 2010 ------------------------------------ Dated this the 24th day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 323, 326, 452, 427 and 506(i) of the Indian Penal Code. According to prosecution, on 27.05.2010 at about 11 P.M., petitioners(A1 to A3) along with 17 others committed house trespass into the house of the de facto complainant and assaulted him and his friend by using weapons like iron, sword reapers and caused fracture to the right leg of the de facto complainant and thereby committed the offences. They also damaged the motor cycle of the de facto complainant. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. They are implicated only because of the political rivalry. De facto complainant belongs to opponent political group. 4. This petition is opposed. Learned Public Prosecutor submitted that six persons are named in the F.I. Statement and petitioners are accused nos. 1 to 3, who are named in the F.I.R. B.A. No. 3753 of 2010 2 The weapon used for the offences are to be recovered and petitioners are required for interrogation for effecting recovery. He also submitted that de facto complainant sustained a fracture to his leg and his motor cycle was damaged. 5. On hearing both sides, on considering the serious nature of the allegations made, need for interrogation and recovery of weapons, I am satisfied that this is not a fit case to grant anticipatory bail. The incident happened as early as on 27.05.2010. Hence the following order is passed : Petitioners shall surrender before the investigating officer and co-operate with the investigation. Petition is dismissed. K. HEMA, JUDGE ln