Achu @ Assainar v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 16TH DAY OF JULY 2015/25TH ASHADHA, 1937 Bail Appl..No. 712 of 2015 ---------------------------------------- CRIME NO. 80/2015 OF BEKAL POLICE STATION , KASARAGOD DISTRICT ------------------- PETITIONER(S)/ACCUSED 1 TO 9 :
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1. ACHU @ ASSAINAR, AGED 30 YEARS, S/O.T.K.ISMAIL, T.K.HOUSE, KIZHOOR, KALANAD VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT.
2. RASHEED, AGED 25 YEARS, S/O.MUHAMMED, RESIDING AT RASHEED MANZIL, KIZHOOR, KALANAD VILLAGE, KASARAGOD DISTRICT.
3. RASHID, AGED 25 YEARS, S/O.MUHAMMED KUNHI, RESIDING AT THOTTATHIL HOUSE, KIZHOOR, KASARAGOD DISTRICT.
4. HABEEB, AGED 28 YEARS, S/O.MOIDU, RESIDING AT K.M.HOUSE, KIZHOOR, KASARAGOD DISTRICT.
5. SHANU @ SHANAVAS, AGED 28 YEARS, S/O.MUHAMMED, RESIDING AT PALLIKANDAM HOUSE, KIZHOOR, KASARAGOD DISTRICT.
6. NABEEL, AGED 27 YEARS, S/O.ABDUL RAHIMAN, RESIDING AT MAMMU HAJI HOUSE, KIZHOOR, KALANAD VILLAGE, KASARAGOD DISTRICT.
7. RUMAIZ, AGED 25 YEARS, S/O.BASHEER, RESIDING AT FATHIMA MANZIL, KIZHOOR, KASARAGOD DISTRICT.
8. BASHEER, AGED 26 YEARS, S/O.AHAMED ALI, RESIDING AT KPA MANZIL, KIZHOOR, KASARAGOD DISTRICT.
9. KABEER, AGED 30 YEARS, S/O.ABBAS, RESIDING AT JAMA ATH QUARTERS, KIZHOOR, KASARAGOD DISTRICT.
BY ADV. SRI.T.MADHU ..2/-
..2..
Bail Appl..No. 712 of 2015 ---------------------------------------- RESPONDENT(S)/STATE :
---------------------------------------- THE STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, BEKAL POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-07-2015, ALONG WITH BA.NO.713 OF 2015 AND BA.NO.720 OF 2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
K. ABRAHAM MATHEW, J.
========================== B.A.Nos. 712, 713 & 720 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2015 C O M M O N O R D E R Petitions filed under Section 438 Cr.P.C.
2.
Petitioners are alleged to have committed the offences under Sections 143, 147, 148, 323, 324, 308, 354, 427, 452 read with Section 149 of the Indian Penal Code, 1860. The prosecution case is that they trespassed into the first informant's house armed with weapons like iron rods, cycle chain and sticks and assaulted the victim with the weapons.
3.
Heard.
4.
Learned counsel submits that the incident happened in connection with a football tournament. That may be true. But the fact that the petitioners went to the tournament armed with weapons speaks volumes. It is not in the interest of justice to grant them anticipatory bail.
In the result, these applications are dismissed. Learned counsel submits that the petitioners will surrender before the Investigating Officer. They may do so if they are so advised. Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge