IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 Bail Appl..No. 3333 of 2010() ----------------------------- (CRIME NO.129/2010 OF KUMBALAKADAVU POLICE STATION, WAYANADU DISTRICT) PETITIONERS: ACCUSED --------------------------- 1. ABDUL SALAM, AGED 36 YEARS, S/O.KHADER, PALLATHU HOUSE, KALPETTA, WAYANADU DISTRICT. 2. ABDUL ZAZAR T., AGED 43 YEARS, S/O.KUNJUMOHAMMED, THONDIYIL HOUSE, KALPETTA. 3. JASHAD K., AGED 30 YEARS, S/O.IBRAHIM, KANAPARAMBIL HOUSE, KALPETTA P.O. BY ADV. SRI.SAJIV C.KRISHNAN RESPONDENT(S): COMPLAINANT; --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KUMBLAKADAVU POLICE STATION, WAYANADU DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3333 OF 2010 -------------------------------- Dated this the 7h day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 353, 506(1) r/w 34 IPC. According to prosecution, the de facto complainant who is a Village Officer under the instruction from Sub Collector went to the place of occurrence to take a vehicle into custody which was used for illegal escavation of land. On reaching the spot on 17/05/2010 at about 1:30 P.M, petitioners 1 to 3 criminally intimidated the de facto complainant and caused obstruction to him in discharging official duty and thereby committed various offences. 3. Learned counsel for the petitioner submitted that petitioner is apprehending arrest in a non bailable offence and hence he may be granted anticipatory bail. A Writ Petition was filed and it is pending before this court. 4. This Petition is strongly opposed. Learned Public Prosecutor submitted that considering the serious nature of the allegations made, this is not a fit case to grant anticipatory bail. 5. On hearing both sides, I find that petitioner has not made out any ground for getting anticipatory bail. Pendency of a B.A No.3333 OF 2010 2 Writ Petition or the mere apprehension of an arrest in a non bailable offence may not by itself be a ground for granting anticipatory bail. Considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE vdv