LAWS(KER)-2018-3-680

MUHAMMED NAFIQ @ MAHIN Vs. STATE OF KERALA

Decided On March 23, 2018
Muhammed Nafiq @ Mahin Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This is an application seeking pre-arrest bail. This application is filed by the first accused involved in Crime No.42/2018 of Eravipuram Police Station.

(2.) The said crime was registered alleging commission of the offences punishable under Sections 143, 147, 148, 506, 452, 294(b) read with Section 149 IPC and section 27 of the Arms Act. The allegation of the prosecution was that on 07.01.2018 at 1.00 am, accused numbered about 7, trespassed into the residence of the de facto complainant abused and intimidated him criminally and unleashed violence with a weapon unauthorisedly possessed by them. The specific overt act allegedly done by each of the accused is also narratd by the prosecution. The specific allegation againt the first and second accused was that they caused damages to the bike of the de facto complainant, that against the third accused was that he caused damages to the window panels of the house of the de facto complainant, thereby caused a loss to the tune of Rs. 25,000/- (Rupees Twenty five thousand only) and that against the fourth accused was that he created terror by hitting a sword on the ground. Raising the allegations, an FIS was lodged by the de facto complainant and accordingly the crime in question was registered. Petitioner herein is of apprehension that he would be arrested by the Police and harassed and accordingly, approached this Court seeking pre-arrest bail.

(3.) It is contended by Smt.Seetha S., the learned counsel for the petitioner that the crime in question was registered solely to counter blast Crime No.27/2017 registered by the Kilikollur Police Station, at the instance of the accused against the de facto complainant in the case on hand. According to her, absolutely no basis is there for the allegations raised against the petitioners in the case on hand and pleaded for enlarging the petitioners on bail, on the ground.