Petition filed under Section 438 Cr.P.C.
2. Petitioners are accused in Crime No.395/2014 of Edavanna Police Station, Malappuram District registered for the offences punishable under Sections 143, 147, 148, 447, 341, 324, 326 and 427 read with Section 149 of the Indian Penal Code.
3. The allegations against the petitioners and the other accused are that they formed themselves into an unlawful assembly, armed with deadly weapons like iron pipe and criminally trespassed into the rubber plantation wherein the workers including the defacto complainant were taking rest in a shed put up there, and they were attacked with iron pipes and stick which resulted in the fracture of the right tibia of one of the workers.
4. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the defacto complainant. The learned Public Prosecutor has opposed the petition.
5. The learned Public Prosecutor has pointed out that there is law and order situation prevails in the locality as there are allegations and counter allegations among persons opposing the crusher units and the persons who are conducting the crusher units. Whatever it is, it is a fact that one of the persons sustained grievous hurt. The learned Public Prosecutor has pointed out that several crimes have been registered in connection with the disputes in the locality. It seems that the investigation of this case is not over. It is too premature to consider the correctness or otherwise of the allegations against the petitioners.
6. The learned counsel for the petitioners has sought for an opportunity for the petitioners to surrender before the court below for enabling them to seek regular bail. Of course, petitioners can surrender before the court below, and if an application for bail is filed with proper notice to the concerned Assistant Public Prosecutor in charge of the case, the court below shall dispose of the application preferably on the same day itself and shall pass appropriate orders.
The Bail Application is disposed of accordingly.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge