SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in crime No.1362/2016 of Vatakara police station. They are alleged to have committed offences punishable under Sections 143, 147, 148, 308, 324, 341 and 506(2nd paragraph) of the IPC r/w IPC 149. They seek bail under Section 438 of the Cr.P.C apprehending their arrest.

(2.) The prosecution case as contained in the FIR is as follows: The incident was at 9.30 am at 9.10.2016. Petitioners formed themselves into an unlawful assembly. They committed rioting. The rioting was with deadly weapons. They wrongfully restrained and criminally intimidated the de facto complainant and his friends. The assailants attacked the de facto complainant and his friends with wooden sticks and iron rods. The motive was political rivalry.

(3.) Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have gone through the petition as well as the papers relating to the investigation. It appears that what happened was a fight between the followers of two political parties. It also appears that the persons belonging to both the groups sustained some injuries. I am shown the copy of the wound certificates pertaining to the de facto complainant and his friends. No serious injury is noted. Detention of the petitioners does not appear to be necessary for an effective investigation of the case. I therefore consider this as a case where bail under Section 438 of the Cr.P.C can be granted.