ANILKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are accused Nos. 1 to 3 in Crime No. 102 of 2012 of Arthinkal Police Station. Offences alleged against them are under sections 452, 323, 294(b), 506(ii) r/w section 34 IPC and section 27 of the Arms Act. Apprehending arrest, this petition is filed for anticipatory bail. It is alleged that on 27 -3 -2012 at about midnight the petitioners along with the fourth accused tresspassed into the house of the de facto complainant carrying sword - stick, iron pipe etc. and enquired as to where Mahesh, the son of the de facto complainant, was and since he was not there, one of them slapped the de facto complainant and they also created intimidating and terrifying atmosphere.

(2.) LEARNED counsel for the petitioner submits that during day time the said Mahesh entered the temple and created some unruly scene and so the festival of the temple was conducted with the aid of the police. When the petitioners were returning to their house after the festival, they were prevented by Mahesh and there was some scuffle. Learned Public Prosecutor opposed that submission stating that there was no such incident. It is also submitted that there was an earlier crime but the accused were granted bail, since offences alleged were only Bailable offences. These petitioners are creating difficulties for the complainant to have a peaceful life, learned Public Prosecutor submits.