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2013 Supreme(Ker) 702

THOMAS P.JOSEPH
Sudheer – Appellant
Versus
Sub Inspector of Police, Kollam East Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sunny Mathew, Advocate.
For the Respondents: R1 to R3, Mrs. Laliza, Public Prosecutor.

Judgment :

1. These applications are preferred by the 4th and 5th accused respectively in Crime No.2051 of 2013 of the Kollam East Police Station for the offences punishable under Sections 143, 147, 148, 324, 326, 307 r/w Section 149 of the Indian Penal Code and Section 27 of the Arms Act. The 4th accused is custody form 10-11-2013 while the 5th accused is in custody from 12-11-2013.

2. Learned Public Prosecutor, opposing the application has submitted that on 07-10-2013 at about 10.45 p.m these accused along with others formed unlawful assembly armed with deadly weapons like sword, iron pipe etc and assaulted the defacto complainant and others for their refusing to join the SDPI. It is submitted that the second and fourth accused used swords while accused No. 1 and 5 used iron pipes.

3. Learned counsel submits that the allegations are not true and that motive alleged is silly.

4. Having regard to the nature of the allegations made, the motive attributed and nature of the incident, I am not inclined to allow the request for bail at this stage. Accused Nos. 4 and 5 can seek bail after investigation has progressed. Applications are dismissed with the above observations.



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