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Mukthar and Others vs State

High Court Of Kerala · Decided on 29 February 2012 · Citation: (2012) 02 KL CK 0173

HON’BLE JUDGES
Sasidharan Nambiar, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 143, 147, 148, 149, 308
CASE NUMBER
Bail Application No. 1120 of 2012
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Judgment

4 paragraphs · 334 words

Justice M. Sasidharan Nambiar

1.

Apprehending arrest in Crime No. 73/2012 of Kumbala Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 308, 506(i) r/w Sec. 149 of IPC, petition is filed under Sec. 438 of Code of Criminal Procedure for anticipatory bail. Learned Counsel appearing for the petitioners and learned Public Prosecutor were heard.

2.

The prosecution case is that on 5.2.2012 at about 3.30 PM while injured was proceeding in a Pickup Van, petitioners wrongfully restrained the defacto complainant and his friend and beat them with iron rod, wooden stick and caused injuries and thereby committed the offences.

3.

Learned Counsel for the petitioners submits that the incident is not alleged by the prosecution and at about 3.30 P.M on the same day when a function organised by the Haddad Juma Masjid and Thaleemussibyan Madrasa Committee was in progress, the injured and others came in a Pickup Van and threw stones and inflicted injuries on the students as well as members of the Madrasa. Annexure A1 complaint was filed before the Sub Inspector and Annexure AII complaint was submitted before the Superintendent of Police, Kasargod and the petitioners did not commit any offence. The case was foisted due to political reasons and petitioners are prepared to abide by any condition and they be released on bail, in the event of their arrest. Learned Public Prosecutor made available the Case Diary. On perusing the case diary, I do not find that petitioners are to be granted anticipatory bail as sought for. Petitioners are directed to report before the investigating officer for interrogation within ten days from today. After interrogation they shall be produced before the learned Magistrate without delay. At that stage, they are at liberty to file an application for bail. In that event, learned Magistrate to pass appropriate order without delay. If petitioners fail to report before the investigating officer within ten days as directed, the investigating officer is at liberty to arrest the petitioners.