IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 Bail Appl..No. 5651 of 2008() ----------------------------- CRIME NO.260/2008 OF PERAVOOR POLICE STATION .................... PETITIONERS/ACCUSED --------------------------------------- 1. K.RAGHAVAN, S/O. KRISHNAN, BILL COLLECTOR, DISTRICT CO-OPERATIVE BANK KOLAYAD, KOMMERI. 2. P.HARIDASAN, S/O. KUMARAN AGRICULTURSIT, KOLAYAD, KOMMERI. 3. P.MOHANDAS, S/O. ACHUTHAN, AGRICULTURIST - DO - 4. P.RAJAN, S/O. ACHUTHAN, BUS CLEANER,DO 5. VACHALI PREMAN, S/O. KUNHIRAMAN, KOMMERI DESOM,KOLAYAD AMSOM. 6. THENIYADAN VINODAN, S/O. VIJAYAN, RESIDING AT DO. BY ADV. SRI.T.G.RAJENDRAN SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, PERAVOOR POLICE STATION 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.5651 of 2008 --------------------------------------------- Dated this the 31st day of October, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioners, six in number, formed into an unlawful assembly and wrongfully restrained the Forest Officials. They came for seizing the meat of wild pig, which was kept behind the house of first accused. The defacto complainant, who is a Forest Official, was wrongfully restrained and criminal force was used for deterring him from discharging his official duty as a public servant. The incident occurred on 10.8.2008. 3. Learned counsel for petitioners submitted that petitioners are falsely implicated. They are residing close to the forest and wild animals are attacking their houses. Hence, several complaints were made to the Forest Officials to do something in the matter. Because of this, Forest Officials had enmity towards the people of the locality and they falsely implicated A1 to A6 in an offence of this nature. 4. This petition is opposed. Learned public prosecutor submitted that this is a clear case where criminal force was used BA No.5651/2008 2 against the Forest Officials to deter them from discharging the official duty and another case was registered for hunting the wild pig etc. and this is not a fit case to grant anticipatory bail. The pig-meat which was kept in a bucket in the back side of A1's house were thrown to a stream, on seeing the officials and they were restrained when an attempt was made to seize the meat. Only a very small portion could be seized. 5. On hearing both sides, I find that in an offence of this nature, considering nature of allegations made, it is not proper to grant anticipatory bail. The incident occurred as early as on 10.8.2008 and for the past more than 2½ months, petitioners were not available for arrest or investigation. Hence, petitioners are directed to surrender before the Investigating Officer or before the learned Magistrate within ten days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl