IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 Bail Appl..No. 2123 of 2010 ----------------------------- CRIME NO. 122/2010 OF KUMILY POLICE STATION, IDUKKI DISTRICT. ..................... PETITIONER/ACCUSED: --------------------------- MANIKANDAN, S/O. PALANIYANDI, KULATHINKARAYIL, ROSSAPPOOKANDAM, KUMILY, IDUKKI DISTRICT. BY ADV. SRI.PAULY MATHEW MURICKEN RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, KUMILY POLICE STATION. BY PUBLIC PROSECTUOR, SRI. C.S. HRITHIK THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.Q. BARKATH ALI, J. --------------------------------------------- Bail Application No.2123 of 2010 --------------------------------------------- Dated this the 23rd day of April, 2010 O R D E R This is an anticipatory bail application filed by the sole accused in Crime No.122/2010 of Kumily Police Station, Idukki District under Section 438 of Cr.P.C. 2. The allegation against the petitioner is that on March 19, 2010 at about 6.45 p.m. he misbehaved with the Excise Guards by using abusive words and pushed them by catching hold of their shirt and obstructed the performance of their duties while they were about to show the film regarding anti liquor campaign at the Bus stand at Kumily and thereby committed offences punishable under Sections 294(b), 341, 323 and 353 of IPC. 3. It is alleged in the petition that the petitioner is falsely implicated in this case and that previous to that incident there was an altercation with the Excise Guards and the petitioner and because of that they have falsely charged this case against him. 4. Notice given to the Public Prosecutor. Heard counsel for BA No. 2123 of 2010 -:2:- the petitioner and Public Prosecutor. 5. For the following reasons I am inclined to grant anticipatory bail to the petitioner. The specific case of the petitioner is that, on 19.03.2010 at about 6.45 p.m. some Excise officials came in a drunken condition at the bus stand of Kumily and obstructed the smooth moving of the vehicles and the petitioner who is engaged as a Taxi driver questioned the same, that they manhandled the petitioner and anticipating action against them, they have falsely implicated him in this case. The prosecution has no case that the petitioner has caused any injuries to the Excise officials. The apprehension of the petitioner that he will be arrested and harassed by the police appears to be true. Therefore, I feel that anticipatory bail can be granted to the petitioner. 6. In the result, the petition is allowed. The respondent is directed to release the petitioner, if arrested, on bail on executing a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties for like sum each. If arrested and released on bail, the petitioner shall co-operate with the BA No. 2123 of 2010 -:3:- investigation and shall appear before the investigating officer as and when ordered. P.Q. BARKATH ALI, Judge ttb