IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7026 of 2008()
1. YOONUS, AGED 23, S/O MUSTHAFA,
... Petitioner
2. PUTHALATH USMAN, AGED 34, S/O.ALI,
3. SADIQUE, AGED 21, S/O.ALBDULLA,
4. ALI KADATHARA, AGED 37, S/O.MOIDEENKUTTY
5. MUJEEB, AGED 27, S/O ALI, NARIKKODE.PO,
Vs
1. STATE OF KERALA TO BE REP.BY PUBLIC
... Respondent
2. S.H.O, THALIPARAMBA POLICE STATION.
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :17/11/2008
O R D E R
K. HEMA, J.
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Bail Appl.No. 7026 of 2008
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Dated this the 17th day of November, 2008.
ORDER
Petition for anticipatory bail.
2. The alleged offences are under Sections 143, 147,
148, 324, 341, 308 read with Section 149 of IPC. According to
prosecution, petitioners, who are accused nos. 1 to 5, formed into
an unlawful assembly and armed with weapons like iron block
etc. assaulted de facto complainant and another due to political
animosity.
3. Learned counsel for petitioners submitted that
petitioners are innocent of the allegations made. Though about 25
persons allegedly assaulted de facto complainant with weapons, he
has not sustained any serious injury. Offence under Section 308 IPC is
included only with a view to harass petitioners. However, if petitioners
are arrested on accusation of offence under Section 308 of IPC, it will
cause irreparable injury and loss, it is submitted.
4. Learned Public Prosecutor submitted that it is not a fit
case to grant anticipatory bail to petitioners. However, he conceded
that injuries sustained by de facto complainant and another are not
[B.A.No.7026/08] 2
serious in nature. It is also submitted that the only non-bailable
offence is under Section 308 of IPC.
5. On hearing both sides, I am satisfied that in the nature
of allegations made it is not proper to grant anticipatory bail to
petitioners, at this stage. However, it is made clear that for the
purpose of bail under Section 437 Cr.P.C., offence under Section 308
IPC will be treated by police and the court as one under Section 324
IPC. It is made clear that it is only for the purpose of bail that this
observation is made.
Petitioners shall surrender before the Magistrate court
concerned or the investigating officer without any
delay. Whether they surrender or not police is at
liberty to arrest petitioners and proceed in accordance
with law.
With this direction and observation, this petition is dismissed.
K. HEMA, JUDGE.
Krs.