IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3391 of 2008()
1. VINOD, S/O.SASIDHARAN, ANCHUKOICKAL
... Petitioner
2. SHAJI, S/O.RAVEENDRAN, KODIMELKODI VEEDU
Vs
1. STATE OF KERALA, REPRESENTED BY DISTRICT
... Respondent
For Petitioner :SRI.V.V.RAJA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :02/06/2008
O R D E R
K. HEMA, J.
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B.A. No. 3391 OF 2008
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Dated this the 2nd day of June, 2008.
O R D E R
This is a petition for anticipatory bail.
2. On a complaint made by a pastor, on 19.04.2008, a
crime was registered against the petitioners and few others under
Sections 143, 147, 148, 153, 452, 324, 354, 427 read with
Section 149 of Indian Penal Code. According to the prosecution,
the petitioners along with others formed an unlawful assembly
and allegedly assaulted the de facto complainant and three
others and they sustained injuries. The de facto complainant was
hospitalized. The petitioners also used weapons like sticks.
3. Learned counsel appearing for the petitioners submits
that the petitioners are implicated in the offence under some
wrong impression. It is stated in the First Information Statement
that one Vinod and Shaji who are residing at the back side of the
house of Rajamma had assaulted the de facto complainant and
others. But, the petitioners who have the same names are not
residing behind the house of Rajamma and hence there is some
mistake in the identity.
B.A. No. 3391/08 2
4. This petition is opposed. Learned Public Prosecutor
submitted that in investigation it is revealed that the petitioners
are accused Nos. 1 and 2 in the crime. Their names are already
mentioned in the First Information Report itself and they are
correctly identified also. It is also submitted that there is every
likelihood to have a communal clash since the de facto
complainant is a pastor and the petitioners and other accused are
Hindus and the offence was committed since the de facto
complainant had gone to the house of a Hindu woman for prayers
when she was sick.
On hearing both sides, I am satisfied that this is not a fit
case to grant anticipatory bail.
The petition is hence dismissed.
K. HEMA, JUDGE.
smp