IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6846 of 2008()
1. AZAR, S/O.ABDUL SAMAD,
... Petitioner
2. ARIF ALIAS MOHAMMED ARIF
Vs
1. STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.P.NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :19/11/2008
O R D E R
K.HEMA, J.
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B.A.No. 6846 of 2008
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Dated this the 19th November, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 341, 323, 324,
143, 147, 148 and 452 read with 149 of the Indian Penal Code.
According to prosecution, petitioners (accused 1 and 2) along with
four other persons formed into an unlawful assembly and assaulted
de facto complainant after committing house trespass into his shop.
Iron rod, walking stick and knife were used for the offence.
3. Learned counsel for petitioners submitted that petitioners
are implicated under mistaken impression. They are actually not
involved in the offence. There were some clashes due to political
enmity between two groups and petitioners’ names are
unnecessarily dragged into this case.
4. This petition is opposed. Learned Public Prosecutor
submitted that petitioners are accused 1 and 2 in the crime and
their names are mentioned in the FIR itself.
5. On hearing both sides, I do not find any special
circumstance, which persuades me to invoke provision under
Section 438 Cr.P.C. Interrogation of petitioners is required, since
alleged weapons used for offence have to be recovered. The
B.A.No.6846/08 2
incident occurred as early as on 26.9.2008 and petitioners could not
be arrested so far and they were not available for interrogation and
recovery of weapons.
Petitioners are directed to surrender before
the investigating officer without any delay and co-
operate with the investigation. Whether they
surrender or not, police is at liberty to proceed in
accordance with law.
With this direction, petition is dismissed.
K.HEMA, JUDGE
vgs.
