IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 Bail Appl..No. 3379 of 2010() ---------------------------------------- CRIME NO.547/2010 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM. ........... PETITIONER/APPREHENDING ARREST ---------------------------------------------------------- AKHIL RAJ,S/O.RAJU,KAITHARAVILA VEEDU, KAREKKONAM, PALLIMUKKU,ALAMCODE PO,ATTINGAL, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): -------------------------- THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------ B.A. No. 3379 of 2010 ----------------------------- Dated this the 16th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 294(b), 341, 323 and 427 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution, on 09.05.2010 at about 2.30 P.M., the de facto complainant who is a press photographer went to place where funeral ceremony was conducted. When he was taking photographs, petitioner (A4) along with few others wrongfully restrained him and assaulted him and also criminally intimidated him showing knife. 3. Learned counsel for petitioner submitted that one Anilkumar died in a motor accident and his body was taken to his house. When the funeral ceremony was going on, one person was found taking photographs in a mobile phone. Believing that it may be used for some illegal purpose, some persons in the locality objected to this and he was not allowed to take photographs. But subsequently, it is found that he gave complaint to the police that he is a press photographer and that B.A. No. 3379 / 2010 2 sword etc. are used for attacking him etc. No incident as alleged had taken place, it is submitted. 4. Petitioner requested for an opportunity to explain his innocence before the investigating officer and this court directed him to appear before the investigating officer, he appeared and he was also questioned, it is further submitted. 5. This petition is not opposed. Learned Public Prosecutor submitted that petitioner was questioned by the investigating officer and no more interrogation is necessary. Considering the nature of the allegations made and he has no objection in granting anticipatory bail, it is submitted. 6. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall, in the event of his arrest be released on bail on his executing a bond for Rs. 10,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the condition that he shall report before the investigating officer as and when directed and co-operate with the investigation. B.A. No. 3379 / 2010 3 2. This order will be in force only for a period of 15 days from today and petitioner shall seek regular bail from the court concerned within such time. This petition is allowed. K. HEMA, JUDGE ln