IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Bail Appl..No. 127 of 2009(A) ----------------------------------- CRIME NO.804/2008 OF CHADAYAMANGALAM POLICE STATION .................... PETITIONERS/ACCUSED NOS.2 & 3 : -------------------------------------------- 1. SIDDIQ, S/O.MUHAMMED KUNJU, AMINA MANZILIL, PALLIKUNNUMPURAM, KURIYODU MURI, CHADAYAMANGALAM VILLAGE. 2. SIVADASAN PILLAI, AGED 46 YEARS, MADHAVAN PILLAI, NETTAYATHARA, KURIYODU MURI, CHADAYAMANGALAM VILLAGE. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS/COMPLAINANT : -------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION, PUNALUR, KOLLAM DISTRICT. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------- B.A. No.127 OF 2009 ---------------------------- Dated this the 27th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b), 353, 332, 427 read with 34 of I.P.C. According to prosecution, first accused stopped the vehicle in the middle of the road and the defacto complainant, who was the police official on traffic duty, went to him, while he was abused and beaten up by all the accused. 3. Petitioners are accused nos.2 and 3, who were passengers in the car. Learned counsel for petitioners submitted that a bus overtook the car by the left side and hit against the car and hence car was stopped, while traffic police came to first accused and took away the key. When he requested him to return the key, there was some altercation while the people of the locality came and assaulted first accused. Accused nos.2 and 3 got down from the car to rescue first accused while they were also beaten up. Petitioners may B.A.No.127 of 2009 2 be granted anticipatory bail, it is submitted. It is also submitted that there is nothing in the F.I.R. to identify petitioners, who are accused nos.2 and 3. 4. Learned Public Prosecutor submitted that this is not a fit case to grant anticipatory bail. This is a case where defacto complainant, who is a police official on duty was abused and assaulted by the accused, without any reason. It is also submitted that first accused was arrested from the spot and on investigation, it was revealed that petitioners are accused nos. 2 and 3. On hearing both sides, I am satisfied that it is not a fit case to grant anticipatory bail, especially since no special circumstances are pointed out why anticipatory bail should be granted. The incident happened on 29.12.2008 and petitioners are not available for arrest or interrogation. Hence, petitioners are directed to surrender before the Investigating Officer or before the court concerned and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed B.A.No.127 of 2009 3 in accordance with law. With this direction, the petition is dismissed. K.HEMA, JUDGE pac