SUNIL KUMAR AND RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is for anticipatory bail.

(2.) The alleged offences are under Sections 143, 147, 283, 225B, 332, 427 r/w Section 149 of IPC. According to prosecution, on 09/03/2010, police got information that certain persons were blocking the traffic and taking money by force from various persons. Police party went to the spot and found that accused numbers 1 to 6 were engaged in such illegal activities. The Sub Inspector who is the de facto complainant tried to arrest first accused when accused numbers 2 to 6 intervened and caused obstruction to discharge official duty, assaulted him and the uniform was torn.

(3.) Learned Counsel for Petitioner submitted that Petitioner is not involved in this case. According to him, Petitioners were apprehending arrest, since a complaint was made before the Anchalummoodu police station by one Sivan against the Petitioners in connection with some money transaction. An anticipatory bail application was filed by Petitioners on 04/05/2010 before the Sessions Court and it was adjourned for getting instructions to several dates. Since instructions were not received, learned Sessions Judge directed the Station House Officer to appear before the court and he appeared. He then, reported, probably to wriggle out of the situation that Petitioners are wanted in this case and that they are the 5th and 6th accused. That is how Petitioners were brought into the array of accused. They are absolutely innocent of the allegations made. They had not taken part in any of the incidents alleged in this case. As per a direction of this Court, Petitioners appeared before the Investigating Officer on 03/07/2010 and they were questioned.