FAISAL THANGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused in Crime No.233 of 2013 of the Ponnani Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 452 and 427 read with Section 149 of the Indian Penal Code.

(2.) The allegation against the said petitioners is that on 21.03.2013 at 8.00 p.m., they along with other accused numbering total of 20 persons, committed house trespass into the house of the defacto complainant with a crowbar and sticks, caused hurt to the defacto complainant and her son by beating them with hands and by kicking them. It is also alleged that they have smashed and destroyed the windows and doors of the house thereby causing a wrongful loss of Rs. .5,000/-.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the case diary. It has been reported that total 5 cases were filed in connection with the incident as against two groups of persons attached to two different political parties. This case is one among them. There is no allegation that the petitioners have attacked the defacto complainant or her son with weapons. The main allegation is that they have smashed and destroyed the windows and doors of the house by beating with a crowbar and caused a wrongful loss of Rs. .5,000/- to the defacto complainant. Considering the facts and circumstances of this case, and the present stage of the investigation, I do not think that the custodial interrogation of the petitioners is required for the continued investigation of this case. At the same time, it is a matter of concern that wrongful loss has been caused to the defacto complainant. By making provision for making good the loss, this court of the view that anticipatory bail can be granted to the petitioners.