IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7843 of 2008() ----------------------------------- CRIME NO.935/2008 OF KATTAPPANA POLICE STATION APPLICANTS/ACCUSED : ----------------------------- 1. NARAYANAN M.K., AGED 54 YEARS, S/O. KUTTAPPAN MANGATTUKUNNEL HILTOP PULIYANMALA P.O., KATTAPPANA VILLAGE, IDUKKI DIST. 2. SAJI K.A., S/O. ABRAHAM, AGED 39 YEARS, KANATTU, NARIYAMPARA, AYPPANEOIL VILLAGE, IDUKI DISTRICT. 3. SUNIL P.S., S/O. SUKUMARAN, AGED 29 YEARS, PUTHENPURACKAL HOUSE, KATTAPPANA SOUTH PO METTUKUZHI, KATTAPPANA VILLAGE, IDUKKI DIST. 4. MOHANAN P.K., S/O. KESAVAN, AGED 38 YEAR PUTHENPURACKAL, KALLUKUNNU, KATTAPPANA VILLAGE, IDUKKI DISTRICT. 5. SURENDRAN G, S/O. GOPALAN, AGED 32 YEARS, PUTHENPURACKAL, KALLUKUNNU KATTAPPANA P.O., KATTAPPANA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, KATTAPPANA POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7843 OF 2008 ------------------------------ Dated this the 8th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 332, 323, 294 (b), 506(i) read with 34 of I.P.C. According to prosecution, petitioners alleged assaulted defacto complainant, who is a sales tax official and prevented him from discharging his official duty on 06.11.2008 at 5 a.m. 3. Learned counsel for petitioners submitted that petitioners are head load workers and they were sleeping in a veranda of a shop. They had unloaded certain cardboard cartons, at the instance of some of the shop keepers and those were kept on the road. Some persons came there at 5 a.m. in the early morning and asked them whether they were having any receipt or document relating to those cardboard cartons. They explained that they are only head load workers and have no connection with the articles but they only unloaded those and kept them there under instructed from those who entrusted them with the work. The persons who questioned B.A.No.7843 of 2008 2 them wanted to take away those articles, which was prevented by the petitioners. There was some push and pull and a case and counter case are registered on the basis of the same. It is now alleged that those persons, who came and tried to take away the cardboard cartons are sales tax officials. Petitioners had no intention to prevent any authority from discharging their official duty, but an incident happened in the circumstances stated above. Therefore, they requested for anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that petitioners may be directed to surrender before the Investigating Officer and co-operate with the investigation, subject to that he has no objection in granting anticipatory bail. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed : 1) Petitioners shall surrender before the Investigating Officer within 7 days from today and co-operate with the investigation and make themselves available for interrogation. B.A.No.7843 of 2008 3 2) In the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the Arresting officer on the following conditions : i) Petitioners shall report before the Investigating as and when directed for the purpose of investigation in this case. ii) Petitioners shall not commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac