RAMSHEED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application for bail under Section 439 of the Code of Criminal procedure. The petitioners are accused Nos. 3 and 4 in Crime No. 219 of 2009 of the Kasargod Police Station.

(2.) THE offence alleged against the petitioners are under Sections 143, 147, 148, 341, 323 and 153a read with Section 149 of the Indian Penal Code.

(3.) THE prosecution case is that the de facto complainant was attacked by the accused persons when he was at a place where muslim population is predominant, restrained him and said that he could not go in that area with saffron dress and sindhur on his forehead. The petitioners were arrested on 15. 5. 2009. They are in judicial custody. Learned Public Prosecutor opposed the bail Application. It is stated that investigation is not over and if the petitioners are released at this stage, it would affect the proper investigation of the case. There is likelihood of the petitioners influencing the witnesses, submitted by the Public Prosecutor.