IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5759 of 2006()
1. BINU, S/O.MOHANAN,
... Petitioner
2. ANIL, S/O.BHASKARAN,
3. PRAKASH.M.C., S/O.CHANDRAN,
4. SUNNY, S/O.MATHAI,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.K.R.VINOD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :28/09/2006
O R D E R
J.M.JAMES, J.
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B.A. 5759/2006
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DATED THIS THE 28TH DAY OF SEPTEMBER, 2006
O R D E R
The petitioners are accused 1 to 4, in crime
No.555/2006 of Chalakkudi Police Station. They are
before this Court, under Section 438 Cr.P.C., as they
apprehend arrest for the offence alleged against them,
under Sections 323 and 452 IPC read with Section 34 IPC.
2. The facts reveal that on 10.9.2006 at 1.30 a.m,
the petitioners had trespassed into the house of the
defacto complainant and assaulted him and his friend.
Therefore, at his instance crime No.555/2006 of
Chalakkudi Police Station had been registered. However,
it is brought out that in retaliation of the above
occurrence, the defacto complainant and others had
trespassed into the residence of the petitioners at 4.30
a.m., and assaulted them. Therefore, crime No.550/2006
of the very same police station had been registered.
3. The facts further reveal that the assault
B.A.5759/2006
2
between the two groups had occurred because of the
rivalry between them. In the facts situation, I direct the
petitioners to surrender before the Investigating Officer,
who is investigating crime No.555/2006 of Chalakkudi
Police Station, on 5.10.2006 between 9.30 a.m and
10.00 a.m.
4. The Investigating Officer shall interrogate the
petitioners and thereafter, produce them before the
Court below at 4.00 p.m, on the same day itself.
5. The learned Magistrate shall allow the
petitioners to be on bail, imposing such conditions, as
are deemed necessary.
The application is disposed of as above.
J.M.JAMES
JUDGE
mrcs