IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 Bail Appl..No. 1808 of 2010() ----------------------------- (CRIME NO.134/10 OF MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM) (S): NOT MADE AN ACCUSED --------------------------------------- JAYAKUMAR, AGED 37, S/O. SASI, C.B. SADANAM, 700 (18/419) MALAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MALAYINKKEEZHU POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.1808 of 2010 ---------------------------------------------- Dated 17th May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b) and 353 of the Indian Penal Code. According to prosecution, on 15.3.2010, at about 4.05 p.m., when the defacto complainant, who is a woman Police Constable was on duty, petitioner was found having parked his motor cycle on the side of the road in front of a fruit stall in such a way to cause obstruction to the traffic. The registration number of the motor cycle was noted by the defacto complainant and she was trying to trace out the owner of the motor cycle for removing the obstruction, while petitioner came from a bakery. He was asked to remove the bike, while he abused the defacto complainant in obscene language in public and he also caused obstruction to the official duty. 3. Learned counsel for petitioner submitted that petitioner was riding his motor cycle with his child as pillion rider, when defacto complainant showed signal and he could stop the vehicle only at a distance of 10 meters away. Offended by this, she falsely foisted a case against him. Immediately thereafter, petitioner had made a complaint to the Director General of Police. BA NO.1808/10 2 4. This petition is strongly opposed. Learned Public Prosecutor submitted that in the nature of the allegations, this is not a fit case to grant anticipatory bail. 5. On hearing both sides, I do not think that this is a fit case to grant anticipatory bail, considering the nature of allegations made. The incident happened as early as on 15.3.2010 and petitioner will be required for the purpose of investigation. Hence, the following order is passed : The petitioner shall surrender before the Investigating Officer or before the Magistrate Court concerned, within one week from today and cooperate with the investigation. The petition is dismissed. K.HEMA, JUDGE. tgs