IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 6846 of 2008() ----------------------------- CRIME NO.270/08 OF MANJESWARAM POLICE STATION PETITIONERS: -------------------- 1. AZAR, S/O.ABDUL SAMAD, 23 YEARS, HIDAYATHU NAGAR, HIDAYATHU NAGAR, UPPALA, KASARGOD TALUK 2. ARIF ALIAS MOHAMMED ARIF AGED 26, S/O.ABBAS, ABBAS MANZIL, UPPALA POST, KASARGODE. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): --------------- STATION HOUSE OFFICER, MANJESWARAM POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6846 of 2008 ----------------------------------------- Dated this the 19th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 143, 147, 148 and 452 read with 149 of the Indian Penal Code. According to prosecution, petitioners (accused 1 and 2) along with four other persons formed into an unlawful assembly and assaulted de facto complainant after committing house trespass into his shop. Iron rod, walking stick and knife were used for the offence. 3. Learned counsel for petitioners submitted that petitioners are implicated under mistaken impression. They are actually not involved in the offence. There were some clashes due to political enmity between two groups and petitioners' names are unnecessarily dragged into this case. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioners are accused 1 and 2 in the crime and their names are mentioned in the FIR itself. 5. On hearing both sides, I do not find any special circumstance, which persuades me to invoke provision under Section 438 Cr.P.C. Interrogation of petitioners is required, since alleged weapons used for offence have to be recovered. The B.A.No.6846/08 2 incident occurred as early as on 26.9.2008 and petitioners could not be arrested so far and they were not available for interrogation and recovery of weapons. Petitioners are directed to surrender before the investigating officer without any delay and co- operate with the investigation. Whether they surrender or not, police is at liberty to proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.