FREDIN XAVIER Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED Nos. 5 and 6 in Crime No. 118 of 2009 and accused Nos. 7 to 12 in Crime No. 119 of 2009 of Poojappura police Station are the petitioners in these applications for regular bail. The allegation is that they have committed offences punishable under Sections 143, 147, 148, 452, 324, 323, 308, 427 and 294 (b) read with Section 149 of the Indian penal Code. In connection with the said crime they were arrested on 9. 4. 2009 and since then they have been in judicial custody.

(2.) THE case of the prosecution is that the accused persons formed themselves into an unlawful assembly, trespassed into the hotel of the de facto complainant and caused bodily injury to him by putting him under fear of death and thereby committed the offences alleged against them.

(3.) LEARNED counsel for the petitioners made available a copy of the order passed by the Additional Sessions judge-I, Thiruvananthapuram in Crl. M. C. No. 556 of 2009. In the said case accused Nos. 7 to 10 in Crime No. 119 of 2009 are the petitioners. A perusal of the said order would show that the wound certificate was produced before the Sessions Judge and it would reveal the existence of only a lacerated wound of size of 1x1x1 cm. over the dorsal aspect of the left forearm and part of inter venous nerve cut. It was considering the nature of the injury sustained and the stage of investigation and the nature of the alleged offence that the petitioners therein were enlarged on bail by the learned Sessions Judge. Since the other accused persons have already been enlarged on bail, I think there is no reason to deny bail to the present petitioners as well.