IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 30TH DECEMBER 2009 / 9TH POUSHA 1931 Bail Appl..No. 6289 of 2009() ----------------------------- (CRIME NO.1180/09 OF KODUNGALLUR POLICE STATION) PETITIONER/ACCUSED -------------------------------------- MOHAMMED BASHEER T.A., AGED 19 YEARS, S/O.KAREEM, PULICKALAKATH, P.O.KANDAMKULAM, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, POLICE STATION, KODUNGALLUR. PUBLIC PROSECUTOR MR.M A SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6289 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of December, 2009. ORDER This is a petition filed under Section 438 of Criminal Procedure Code seeking anticipatory bail. 2. Petitioner is accused in Crime No.1180 of 2009 of Police Station for having committed offence punishable under Section 353 Indian Penal Code. 3. Allegation against the petitioner is that on 22.10.2009 he had gone to attend a driving test. He was late for the same and when the Motor Vehicle Inspector prevented him from participating in the test, he caught hold of the hand of the Inspector. Petitioner says that what had actually transpired was something else. It is not necessary to go into the matter in detail now. Considering the nature of the acts said to have been committed by the petitioner and various other circumstances, it is felt that this is a fit case, where the B.A.6289/2009. 2 extraordinary jurisdiction needs to be exercised. The application is disposed of as follows: i) Petitioner shall surrender before the JFCM concerned within two weeks from today and move an application for regular bail, which the learned Magistrate may dispose of in accordance with law. ii) Petitioner shall make himself available for interrogation as and when required by the investigating officer. iii) Petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses. P. BHAVADASAN, JUDGE sb.