MOHMMED KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The short question, which arises for consideration in this petition, is whether the de facto complainant can challenge the order of anticipatory bail granted to the accused persons by the Sessions Court under section 482 of the Code of Criminal Procedure. This is a petition filed under section 482 of the Code of Criminal Procedure by the de-facto complainant in Crime No. 25 of 2007 of Aryanad Police Station, which is now pending before the Judicial Magistrate of the First Class-I, Nedumangad, to cancel the anticipatory bail granted to the accused persons in that case by Annexure-A2 order.

(2.) The accused persons were charged for offences punishable under sections 341, 323, 324 and 326 read with section 34 IPC on the allegation that on December 30, 2006 at about 8.45 p.m. they assaulted the de-facto complainant and caused grievous injuries. The learned Sessions Judge by the impugned order dated February 7, 2007 granted anticipatory bail to the accused. The de-facato complainant has now challenged the said order stating that the lower court should not have granted anticipatory bail to the accused.

(3.) Heard the Learned Counsel for the petitioner, the learned Public Prosecutor and the Learned Counsel for respondents 3 to 5/accused persons.