O R D E R

Petitioners who are accused 2 to 5 in Crime No.331/06 of Mararikulam Police Station for offences punishable under sections 143, 147, 148, 452, 324, 326 and 427 read with section 149 IPC, seek anticipatory bail.

2. Learned Public Prosecutor opposed the application.

3. The occurrence is alleged to have taken place at 9.30 PM on 24.12.2006 during when accused 1 to 4 and two other unidentifiable persons are alleged to have criminally trespassed into the house of the de facto complainant and assaulted them with deadly weapons causing injuries to the de facto complainant and his wife and destroying household articles and furniture to the tune of Rs.40,000/=.

4. In as much as the name of the 5th accused does not find a place in the first information statement, I am inclined to grant anticipatory bail to the 5th accused (4th petitioner). In the case of the other petitioners, accused 2 to 4, having regard to the facts and circumstances of the case, anticipatory bail cannot be granted to them. Accused 2 to 4 will have to surrender before the Investigating Officer for the purpose of custodial interrogation and then to have their BA.335/07 Page numbers regular bail application considered