ABDURAHMAN, S/O MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are some of the accused in Crime No.224 of 2013 of Manjery Police Station, Malappuram District for offences punishable under Sections 143, 147, 148, 324, 326 and 307 r/w Section 149 of the Indian Penal Code. They have filed the above application under Section 438 of the Code of Criminal procedure seeking pre-arrest bail. These petitioners previously moved an application before the Sessions Judge seeking the same discretionary relief, but, that was turned down vide Annexures A2 and A3 orders.

(2.) Above crime was registered over an incident which took place at about 7:45 p.m on 10.03.2013, in which petitioners and other accused persons involved, as members of an unlawful assembly, armed with lethal weapons, are stated to have assaulted de facto complainant and other injured with such weapons and inflicted on them severe injuries including fracture to some of them. Investigation of the crime registered is now in progress and, at this stage, petitioners have moved this application for anticipatory bail.

(3.) Learned counsel for petitioners submits that a counter case registered on the basis of statement recorded from one among the petitioners over the incident is also now pending investigation. Petitioners have been assaulted by de facto complainant and some others as members of an unlawful assembly, is the gist of accusation imputed in the counter case, is the further submission of counsel stating that they too suffered injuries in the occurrence. A dispute prevailing between two sects in the area, over the control and administration of a Juma Masjid gave rise to the incident in which there was scuffle by members of the two groups resulting in sustaining of injuries to both sides, is the submission of counsel stating that the imputations made that the accused assaulted the de facto complainant and his companions, after forming common object to do so, are false.