IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2737 of 2010()
1. BIJU, AGED 36 YEARS,
... Petitioner
2. MANI, AGED 41 YEARS,
3. BIJU, AGED 41 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :SRI.P.P.THAJUDEEN
The Hon'ble MRS. Justice K.HEMA
Dated :25/05/2010
O R D E R
K.HEMA, J.
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B.A.NO. 2737 OF 2010
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Dated this the 25th day of May, 2010.
ORDER
This petition for Anticipatory bail.
2. The alleged offence under Sections 143, 144, 147,
148, 307, 324 read with Section 149 of the Indian Penal Code.
According to prosecution, while the defacto complainant was
proceeding in a motor cycle the petitioners (A2, A1 and A3) along
with other accused formed into an unlawful assembly, wrongfully
restrained the defacto complainant and assaulted him using iron
rod, choppers etc. and thereby inflicted injuries and attempted to
commit murder. The incident happened on 10.4.2010.
3. Learned counsel for petitioner submitted that there was an
altercation between two rival groups. The first petitioner is Vice
President of District Youth Congress Committee and the defacto
complainant is a worker of CPI. They were having enmity towards
each other. The 1st and 3rd accused are closely related to the 2nd
accused. The defacto complainant attacked petitioners and first
accused sustained injury in the incident and he was hospitalized
also. The information given to the Doctor was that the injury was
sustained in fall apprehending that if a medico legal case is
disclosed, he will be put to difficulties.
B.A.NO. 2737 OF 2010
2
4. This petition is opposed. Learned counsel for defacto
complainant submitted that the defacto complainant was attacked
9 days prior to his marriage. Weapons were used and injuries
were inflicted on defacto complainant. He was hospitalized for four
days.
5. Learned Public Prosecutor opposed this application and
submitted that five crimes are registered against first accused and
three crimes are registered against second accused. Proceedings
under Section 107 of Cr.P.C are also initiated against them. The
defacto complainant sustained injury using choppers and iron rods.
The weapons are to be recovered.
6. On hearing both sides, and on considering the facts and
circumstances of the case, the serious nature of the allegations
made, the stage of investigation, the need for interrogation and the
recovery of the alleged weapons of offence. I find that, this is not a
fit case to grant anticipatory bail.
This petition is dismissed.
K.HEMA,JUDGE.
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