IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JULY 2010 / 14TH ASHADHA 1932 Bail Appl..No. 3696 of 2010() ----------------------------- CRIME NO.103 OF 2010 OF THIRUNELLI POLICE STATION, WAYANAD DIST. (S): PETITIONERS/ACCUSED NOS.1 AND 2 --------------------------------------------------- 1. SHAJI P.JOHN, S/O. JOHN, AGED 29 YEARS, PALAKKATHODUKA HOUSE, ALATTIL.P.O., PERIYA, MANANTHAVADY WYNAD DISTIRCT. 2. E.J.BABU, S/O. ULAHANNAN, AGED 48 YEARS, ERUPOOLANKATTIL,PAYYAMPALLI.P.O., MANANTHAVADY, WYNAD DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CIME NO. 103 OF THIRUNELLY POLICE STATION) THIRUNELLY, WYNAD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3696 of 2010 ---------------------------------------------- Dated 5th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 353 and 294(b) read with Section 34 of the Indian Penal Code. According to prosecution, while petitioners (A1 and A2) were proceeding from Karnataka to Kerala, in the forest check post at Tholpetty, the jeep, in which petitioners were travelling, was stopped. The defacto complainant, who is a forest official asked petitioners to move the vehicle to the road side since defacto complainant wanted to check the vehicle. At that time, accused questioned him, kicked him and he fell down. On seeing this, other forest officials came there, while they were also assaulted by them. 3. Learned counsel for petitioners submitted that second accused is a former Panchayat President and the first accused is his nephew. While they were transporting pepper vine in the jeep, forest officials demanded bribe. Since they did not oblige, petitioners were attacked by forest officials. Second BA NO. 3696/10 2 accused sustained serious injuries. A complaint was given by second accused before the police and a crime was registered against the forest officials. Some of the forest officials are suspended, after preliminary enquiry. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a case where petitioners assaulted defacto complainant and other forest officials only because defacto complainant asked petitioners to take the jeep to the side of the road, without blocking the road, for inspection. This offended petitioners and second accused kicked defacto complainant and both of them abused forest officials, who came to the rescue of the defacto complainant and also assaulted them. 5. On hearing both sides, I find that some incident happened at the check post, in which both the parties assaulted each other. From the allegations made in the F.I. Statement, it appears that the forest official asked petitioners to move the vehicle to the road side for inspection. The nature of allegations made against petitioners are serious. Of course, another version is given by petitioners, as the cause for the incident and a crime was also registered against defacto complainant and others BA NO. 3696/10 3 making counter allegations. For the mere reason that a counter case is filed and that second accused injured, anticipatory bail cannot be granted. Petitioners are bound to surrender and co- operate with the investigation, without any delay. Petition is dismissed. K.HEMA, JUDGE. tgs