IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3340 of 2008()
1. SUNIL KUMAR, S/O.SURENDRAN, AGED 26
... Petitioner
2. JAYASENAN @ MANIKKUTTAN, AGED 40,
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.DILEEP P.PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :26/05/2008
O R D E R
K. HEMA, J.
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B.A.No. 3340 of 2008
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Dated this the 27th day of May, 2008
O R D E R
Application for anticipatory bail.
2. Petitioners are accused 1 and 2 in the crime. The offences alleged
are under sections 143, 147, 148, 323, 324 and 308 read with section 149
IPC and section 27 of the Arms Act. According to the prosecution, on 23-2-
2008 at about 10 p.m. the petitioners along with three others armed with
deadly weapons unlawfully assembled together and committed various
offences against the defacto-complainant.
3. This application is opposed by the learned Public Prosecutor. It is
submitted that weapons used for the crime are to be recovered and custodial
interrogation of the petitioners is also required.
4. The learned counsel for the petitioner submits that there was a
quarrel between two groups on the allegation of abusing women who came
in temple festival. Nothing more had happened. It is also submitted that
there is a rivalry between the petitioners and the defacto-complainant on
account of some other matter. Hence, this case is falsely foisted against the
petitioners.
BA 3340/08 -2-
5. On hearing both sides, I am satisfied of the submission that the
petitioners are to be interrogated in custody and weapons are to be
recovered. Hence, if anticipatory bail is granted, it will adversely affect the
investigation. Therefore, the application is dismissed.
K. HEMA,
JUDGE.
mn.