BALARAMAN M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the accused Nos.1,3 and 5 to 8 in Crime No. 471 of 2016 of the Hosdurg Police Station registered under Sections 143, 147, 148, 341, 323, 324, 326, 427 and 307 read with Section 149 of the Indian Penal Code. They seek regular bail under Section 439 of the Code of Criminal Procedure. The application filed by them for regular bail was dismissed by the learned Judicial First Class Magistrate -I, Hosdurg on 23.5.2016. The petitioners have been in judicial custody since 21.5.2016.

(2.) The incident alleged in this case happened in connection with the declaration of results of the Elections to the Kerala Legislative Assembly, on 19.5.2016. It is alleged that while a procession led by the returned candidate from the Kanhangad Constituency was proceeding to celebrate the victory, a gang of persons from the rival faction assaulted them all, and inflicted injuries on the body of many persons who led the procession, with weapons like B.A No.4074 of 2016 iron rod,stick etc.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation.