SUDHISH K Vs. STATE OF KERALA

JUDGEMENT

(1.) These bail applications for the grant of anticipatory bail under Section 438 of the Code of Criminal Procedure are being disposed of by this common Order since common questions are involved therein.

(2.) Bail Application No. 2785 of 2009 relates to Crime No. 252 of 2009 of Kasaragod Police Station. The petitioners are accused Nos. 4, 5, 7 and 6 respectively. The offences alleged against the accused are under Sections 143, 147, 148, 452, 324, 427, 354, 153A, read with Section 149 of the Indian Penal Code. The allegation is that on 5-4-2009 at 19 Hours, about 20 identifiable persons, who belong to Hindu religion, formed themselves into an unlawful assembly, armed with weapons, and committed trespass into the house of the de facto complainant in Kudlu village in Kasaragod Taluk, assaulted the defacto complainant and his daughter and caused damage to tile house of the de facto complainant. It is alleged that the accused persons acted in a manner promoting disharmony of feelings of enmity, hatred or ill will between different religions. The accused persons proclaimed that they would not allow any Muslim to live in the locality.

(3.) Accused Nos. 3, 4, 5, 7, 6 and 8 in Crime No. 253 of 2009 of Kasargod Police Station are the petitioners in Bail Application No. 2786 of 2009. They are in the array of accused persons in Crime No. 252 of 2009 as Well. The incident occurred at 6.30 PM on 5.4.2009 in Kudlu village in Kasaragod Taluk. The allegations are almost similar in nature as in Crime No. 252 of 2009. The offences alleged against the accused are under Sections 143, 147, 148, 447, 427, 153A read with Section 149 of the Indian Penal Code. The accused persons are Hindus, while the victims are Muslims.