DINI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos. 3 and 4 in Crime No. 927/2012 of Njarakkal Police Station. The offences alleged against them and other accused are under Secs. 143, 147, 148, 452, 323, 324 and 354 r/w 149 IPC. Apprehending arrest, this petition is filed for anticipatory bail. According to the prosecution, these petitioners and other accused persons formed themselves into an unlawful assembly and in prosecution of the common object, trespassed into the residential house of the complainant on 25.6.2012 and attacked the de facto complainant with granite/rock piece. The wound certificate shows that the injured sustained two lacerated injuries; one on the occipital area and another on the parietal area. Besides, he also sustained injury of similar nature on the frontal area also.

(2.) LEARNED Counsel for the petitioners submits that on going through the FIS, it can be seen that the main allegation is against Vishnu and Abhijith (A1 and A5) and that these petitioners did not enter the house. It is also stated that there was a previous incident in which the petitioners were attacked by the complainant and others and actually, the petitioners went to the house of the complainant to talk over that matter. That may not be correct, the prosecution contends. Considering all the aspects the following directions are issued: