IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7931 of 2008()
1. NOUSHAD, 33 YEARS, S/O.ABU,
... Petitioner
2. SAINUDHEEN, AGED 31 YEARS,
3. ABU, 65 YEARS, S/O.SAYED MOHAMMED,
4. AMEER, AGED 28 YEARS, S/O.SAYED
Vs
1. STATE OF KERALA, REP. BY THE SUB
... Respondent
For Petitioner :SRI.T.H.ABDUL AZEEZ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/01/2009
O R D E R
K. HEMA, J.
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Bail Appl. No. 7931 of 2008
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Dated this the 20th day of January, 2009.
ORDER
Petition for anticipatory bail.
2. The alleged offences are under Sections 143, 147,
148, 452, 341, 324, 427, 294(b) read with 149 of IPC. According
to prosecution, petitioners (A1 to A4) along with two others
formed into an unlawful assembly, committed house trespass
into the bakery run by de facto complainant and assaulted him by
using a measuring weight and caused damage to the tune of
Rs.8000/- in the bakery. The incident occurred on 22.11.2008 at
4.45 p.m.
3. Learned counsel for petitioners submitted that
petitioners are innocent of the allegations made. De facto
complainant and his sons trespassed into the shop of petitioners
and they assaulted petitioners on the same day at 8 p.m. This
case is filed as a counter-blast, making false allegations and
hence, they may be granted anticipatory bail, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioners started a bakery close to de facto
[B.A.No.7931/08] 2
complainant’s bakery and hence they were infuriated by this and
attacked de facto complainant. It is not correct to say that no
incident occurred, as alleged. The scene mahazar is prepared,
which will show that some damage caused to bakery.
4. On hearing both sides, I find it difficult to hold at this
stage that no incident occurred, as alleged. Petitioners have not
made out any ground for anticipatory bail. Considering the
serious nature of allegations made and the nature of
investigation required, I do not find it fit to grant anticipatory bail.
i) Petitioners shall surrender before the
investigating officer or the Magistrate court
concerned without delay and co-operate with the
investigation. Whether they surrender or not,
the police is at liberty to arrest them and proceed
in accordance with law.
ii) No other petition for anticipatory bail by the
petitioners in this crime will be entertained by
this Court hereinafter.
Petition is dismissed.
K. HEMA, JUDGE.
Krs.