T P RAHEEM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.2 to 5 in Crime No.3/07 of Elathur Police Station for offences punishable under sections 143, 147, 148 and 326 read with section 149 IPC, seek anticipatory bail.

(2.) The occurrence took place on 31.12.2006 at 11.30 PM during which the de facto complainant and his brother were attacked with spade, cycle chain, bill hook, etc. and both of them sustained grievous injuries. The brother of the de facto complainant has sustained two fractures as well.

(3.) It is too early to accept the petitioners' contention that they have been falsely implicated in the case. Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioners should not surrender before the Magistrate concerned and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate and file an application for regular bail, within two weeks from today, the same shall be considered and disposed of, preferably on the same date on which it is filed. With this direction, this petition is disposed of.