IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4279 of 2008()
1. ANEESH, S/O ASOKN, AGED 24 YEARS,
... Petitioner
2. JEYMON, S/O DAMODARAN, AGED 31 YEARS,
3. RAJAN,S/OKUNJAN, AGED 34 YEARS,
4. JAYPAL A.K., S/O KRISHNAN KUTTY, AGED 31
5. JEEVAN S., S/O SEBASTIAN K.S.,
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.P.M.ZIRAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/07/2008
O R D E R
K.HEMA, J.
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B.A.No. 4279of 2008
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Dated this the 10th July, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
149,341, 324, 323 and 308 of the Indian Penal Code. According to
prosecution, on 16.6.2008 all the accused attacked the de facto
complainant due to previous enmity. Granite stone was used for the
commission of offence.
3. Learned counsel for petitioners submitted that this case is
only an offshoot of a political rivalry. The de facto complainant is a
Branch Secretary of the ruling party and this case is falsely foisted
against the petitioners, who belong to the rival group. De facto
complainant did not sustain any injuries, it is submitted and hence
they request for anticipatory bail.
4. Learned Public Prosecutor submitted that the submissions
made on behalf of the petitioners are not correct. The de facto
complainant sustained fracture on the nose and a stone was also
used for the offence. The said stone is not recovered. Petitioners
are required for custodial interrogation.
5. On hearing both sides, I am satisfied that it is not a fit case
to grant anticipatory bail.
This petition is dismissed.
K.HEMA, JUDGE
vgs.