ABDUL SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused 1 to 6 and they face allegations, inter alia, under Section 308 read with 149 I.P.C. The crux of the allegations is that they wrongfully restrained and assaulted the defacto complainant with dangerous weapons with the intention of causing culpable homicide not amounting to murder against the victim. The alleged incident had taken place on 27.01.2007 and the crime has been registered on 28.01.2007. According to the petitioners, the allegations are totally false. The defacto complainant happens to be a political activist. The 3rd accused's wife is a member of the Panchayat. She had withdrawn her support to the Left Democratic Front. Consequently there is a dispute between members of the L.D.F presently in power and the persons belonging to the camp of the wife of the 3rd accused. Making use of the political influence which the defacto complainant has, the present allegation under Section 308 I.P.C is raised transparently with vexatious intention. If the petitioners were arrested and detained in custody, it would amount to undeserved prejudice, inconvenience and hardship. In these circumstances it is prayed that directions under Section 438 Cr.P.C may be issued in favour of the petitioners. B.A.No.671 of 2007 2

(2.) Notice was given to the learned Public Prosecutor. The learned Public Prosecutor points out that going by the nature of the injuries and the nature of the allegations, he may not have seriously opposed the application for anticipatory bail. But in this case there is a threat of violence in the locality and unless proper safeguards are made, it may unnecessarily lead to a law and order situation in the locality. In these circumstances, it is prayed that anticipatory bail may not be granted.

(3.) I have anxiously considered the submissions made at the Bar. I have been taken through the nature of the allegations in the F.I statement as also the nature of the injuries allegedly suffered by the victim. My attention has also been drawn to the fact that an earlier complaint has been filed and a crime registered raising allegations of violent and culpable conduct against accused Nos.1 and 3.