IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 Bail Appl..No. 4711 of 2008() ----------------------------- CRIME NO.345/2008 OF OLLUR POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1 TO 4 ------------------------------------------------ 1. ALBERT, AGED 29 YEARS, S/O.JOY, THEKKINIYEDATH HOUSE, KURIYACHIRA, NEHRU NAGAR, THRISSUR. 2. JINU, AGED 32 YEARS, S/O.POULOSE, MENACHERY HOUSE, KURIACHIRA, THRISSUR. 3. MEJO, AGED 25 YEARS, S/O.JOSE, CHITTILAPPILLY HOUSE, KURIACHIRA, THRISSUR. 4. JIJI VARGHESE, AGED 22 YEARS, S/O.VARGHESE, CHAKKIASSERY HOUSE, KURIACHIRA DESOM, THRISSUR TALUK. BY ADV. SRI.A.C.DEVY RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4711 of 2008 --------------------------------------- Dated this the 30th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 353 and 34 IPC. According to the prosecution, three persons were taken into custody when they were found themselves hiding in a shopping complex. The petitioners, four in number, came to the police station and wanted the other persons to be released. When the police resisted, they shouted against the Sub Inspector and thereby, they deterred the Sub Inspector from discharging his official duties. 3. Learned counsel for the petitioners submitted that the petitioners went in search of their friends, on knowing that they were taken into custody by the police. When they reached the police station to make enquiries, they were assaulted by the police and they were hospitalised as evidenced by Annexure 1 to 4. It is also submitted that Section 353, which is the only non bailable offence, will not be attracted in this case. To apply BA No.4711/08 2 Section 353 IPC, there must be use of criminal force or assault. But, in this case the only allegation is that the petitioners shouted at the Sub Inspector and talked in a raised voice from the police station. 4. This petition is opposed. Learned public prosecutor submitted that the petitioners had entered the police station and deterred the Sub Inspector from discharging his official duties and the matter is serious. 5. On hearing both sides, I find that it is likely that the petitioners may be harassed, if anticipatory bail is not granted. Hence, the following order is passed: Petitioners shall be released on bail in the event of their arrest on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer. The petition is allowed. K.HEMA, JUDGE csl