SUMESH SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) ACCUSED Nos. 1 to 3 in Crime No. 327/09 of Adoor Police station, registered under Sections 143, 147, 148 , 149 and 308 of the Indian Penal Code, are the petitioners in this petition for anticipatory bail. The allegation is that on account of the animosity with one Kannan, the petitioners formed themselves into an unlawful assembly, armed with deadly weapons, such as iron rod and wooden stick and attacked the defacto complainant and his friend one Benny Varghese and caused the injuries alleged.

(2.) TAKING into account, the nature of the allegations levelled against the petitioners and the progress of the investigation, I am not inclined to grant anticipatory bail to the petitioners. At the same time, I think they can be permitted to surrender before the Investigating Officer, for the purpose of getting their regular bail application considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender before the Investigating Officer on any day between 18. 5. 2009 and 21. 5. 2009 and in the event of such surrender, the Investigating Officer shall produce them before the concerned Magistrate on that day itself. In case, they move an application for regular bail, the learned magistrate shall consider such application and pass orders in accordance with law, preferably on the same date on which it is moved.