IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6159 of 2008() ----------------------------- CRIME NO.317/2008 OF CHAVARA - THEKKUMBHAGAM POLICE STATION PETITIONERS (S): ACCUSED 1 & 2 -------------------- 1. ALAN, 20 YEARS, S/O.ANDREWS BINU BHAVAN, KOIVILA MURI, THEVALAKKARA VILLAGE KOLLAM. 2. SOBHA 39 YEARS, W/O.ANDREWS, BINU BHAVAN , KOIVILA MURI, THEVALAKKARA VILLAGE KOLLAM. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6159 of 2008 ------------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 332 and 225(B) read with Section 34 IPC. According to prosecution, the first accused in this case is an accused in crime no.310/08 involving offence under Section 326 IPC etc. The Sub Inspector, who is the defacto complainant, came to the house of the first accused to arrest him in connection with that crime. The first accused was arrested from in front of the house. While body search was being conducted the second accused, who is the mother of the first accused and the third accused, who is a relative, came there and fisted him on his face to rescue the first accused from arrest and prevented him from discharging his official duty by causing obstruction to him and the third accused wrongfully restrained him and aided first accused to escape from the scene. The incident occurred on 12.9.2008. The crime was registered under the above said Sections. BA No.6159/08 2 3. Learned counsel for the petitioners submitted that the allegations are absolutely false. The Sub Inspector came to the house of the first accused and enquired about him, while the second accused who is his mother, told him that he was away at Kollam. At that time, she was abused by the officer in filthy language and thereafter, a false case is registered against the accused. The petitioners are accused nos. 1 and 2, son and the mother. 4. This petition is opposed. Learned public prosecutor submitted that this is a clear case where criminal force and hurt were caused to de facto complainant to deter him from discharging his official duty. The de facto complainant, who is a Sub Inspector, sustained injuries and as per the wound certificate, he had sustained a contusion on the face and also abrasions in the finger. The first accused was rescued by the second and third accused and third accused, wrongfully restrained him and thereby caused obstruction in furtherance of common intention and the first accused had escaped. This is not a fit case to grant anticipatory bail, it is submitted. Learned public prosecutor also submitted that the third accused was BA No.6159/08 3 arrested and there is no complaint of any torture from him. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that it is not a fit case to anticipatory bail. Though a counter allegation is made against the Sub Inspector, there is denial toally. I am also not impressed by the submissions made on behalf of the petitioners to act upon the same, since there are only mere assertions and denial. Petitioners shall surrender before the Investigating Officer or the Magistrate Court concerned and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl