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Azar vs Station House Officer on 19 November, 2008

Kerala High Court
Azar vs Station House Officer on 19 November, 2008
       

  

  

 
 
  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.

                 -----------------------------------------
                        B.A.No. 6846 of 2008
                 -----------------------------------------

              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.

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