RAJESH SASI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners who are accused Nos.1 and 2 in Crime No.281/2006 of Varappuzha Police Station for offences punishable under secs.143, 147, 148, 452, 323 and 324 read with sec.149 IPC and sec.27 of the Arms Act, 1959, seek anticipatory bail.

(2.) The learned Public Prosecutor opposed the application submitting inter alia that the petitioners are members of a sand mafia and they had trespassed into the residence of the de facto complainant on 24.12.2006 and had stabbed him and his brother with knives and that the petitioners are accused in other crimes also.

(3.) Anticipatory bail cannot be granted in a case of this nature. There is no reason why the petitioner should not surrender before the concerned magistrate and seek regular bail. Accordingly, if the petitioners surrender before the magistrate and file applications for regular bail within two weeks from today, the same shall be considered and disposed of on merits preferably on the same day on which it is filed. With the above observation this application is disposed of.