IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2773 of 2010() ----------------------------- CRIME NO.390/10 OF OLLUR POLICE STATION (S): ACCUSED NOS.1 -3: ------------------------------------- 1. REJI VARGHESE, S/O.VARGHESE, ARIKUZHIKKAL, PEECHI P.O. 2. RAVICHANDRAN, S/O.KUNJAPPAN, PUNCHAYIKAROTTU HOUSE, PEECHI P.O. 3. CHANDRAN, S/O.APPUKUTTAN, MANNOTHINKAL, PEECHI P.O. BY ADV. SRI.D.ANIL KUMAR RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2773 of 2010 ---------------------------------------------- Dated 31st May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 452 and 353 read with Section 149 of the Indian Penal Code. According to prosecution, one Bhaskaran was taken into custody by the Forest officials and he was kept in Manamangalam Forest Station. Petitioners (accused Nos.1 to 3) and various other people allegedly trespassed into the Forest Station and prevented the forest officials from producing Sri.Bhaskaran before the Magistrate Court and thereby committed various offences. The defacto complainant informed the police about the incident and a crime was registered against petitioners by the police. 3. Learned counsel for the petitioners submitted that various persons, including a Panchayat member is involved in the incident. Actually, an innocent person was taken into custody and he was being implicated in a forest case, falsely. Therefore, people of the locality intervened and explained that person's innocence to the forest officials. No other incident happened and BA NO.2773/10 2 though forest officials knew that even Panchayat member had raised his voice against the custody of Bhaskaran, petitioners are falsely implicated. The Panchayat member and other known persons in the locality are not implicated as accused. The matter was reported in the Malayalam Dailies that the people of the locality had insisted for release of an innocent person, who is falsely implicated in the offence etc. It is also submitted that no recovery is involved and petitioners' custody is not required for interrogation. 4. Learned Public Prosecutor submitted that the names of accused Nos.1 to 3 are mentioned in the F.I. Statement itself and they were identified at the spot and they had no reason to prevent the accused person being produced before the court, after he was arrested. However, learned Public Prosecutor conceded that no injury is sustained by the forest officials and as per the allegations, no assault or criminal force is involved. 5. On hearing both sides and considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. However, the only non-bailable offences are involved in this case, under Section 452 and 353 of BA NO.2773/10 3 the Indian Penal Code. It appears that people of the locality had allegedly gone to the Forest Station for explaining the innocence of the person, who was taken into custody by the forest officials and prima facie, petitioners have a strong case that their intention was not to commit any offence. It is also revealed from the case diary that no criminal force or assault was committed against the forest officials. In such circumstances, I find that a direction can be issued to petitioners and hence, the following order is passed : (i)Petitioners shall surrender before the Investigating Officer within one week from today and co-operate with the investigation. (ii) In case petitioners surrender before the Investigating Officer within the time stipulated, the offences under Sections 452 and 353 of the Indian Penal Code will be treated as not included, for the purpose of bail. Petition is disposed of accordingly. K.HEMA, JUDGE. tgs