MOIDEEN ALIAS MOIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE are applications for anticipatory bail under Section 438 of the code of Criminal Procedure. The petitioners in B. A. No. 2470/2009 are respectively accused Nos. 2, 3 and 1 and the petitioners in B. A. No. 2944/2009 are respectively accused Nos. 4, 5, 6, 7,8 and 10 in Crime No. 147/2009 of erumappetty Police Station.

(2.) THE offence alleged against the petitioners is under Sections 143, 147, 341, 323,332, 353, 427 read with Section 149 of the Indian Penal Code and section 3 (1) of the Prevention of Destruction of Public Property Act.

(3.) 2 = year old child of the first accused Shahul Hameed was missing. Two days after the date of missing, dead body of the child was found. Jewellery of the child were found missing. Two of the neighbours were arrested on an accusation of having committed murder of the child. The accused persons in that case were brought to the scene of occurrence. The allegation is that at that time the accused persons reacted and tried to attack the accused persons in the murder case and pelted stones on the police jeep. It is stated that there was an allegation of delay in the arrest of the accused in the murder case. The learned counsel for the petitioners pointed out that local people agitated over the delay in the arrest of the accused persons involved in the murder of the child and that resulted in the incident.