IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Bail Appl..No. 5789 of 2008() ----------------------------- CRIME NO.660/08 OF TALIPARAMBA POLICE STATION PETITIONERS/ACCUSED 1 TO 3 ---------------------------------------------- 1. K.V.MUHAMMED HAJEE, S/O.ALI MUHAMMED HAJI, AGED 56 YEARS, BUSINESS, TALIPARAMBA P.O., TALIPARAMBA AMSOM TALIPARAMBA TALUK, KANNUR DISTRICT. 2. K.MUHAMMED KUNHI, S/O.KUNHI MOIDEEN, AGED 50 YEARS, BUSINESS, TALIPARAMBA P.O TALIPARAMBA AMSOM, TALIPARAMBU TALUK, KANNUR DISTRICT. 3. VAIDYAKARAN HAMZA, S/O.C.H.MANMOOD, AGED 45 YEARS, BUSINESS, TALIPARAMBA P.O TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5789 of 2008 ----------------------------------------- Dated this the 17th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 353 read with 149 of the Indian Penal Code. According to prosecution, on 16.8.2008, while the officials of the Municipality were removing banned plastic carry bags seized from the shops, the petitioners and other accused formed into an assembly and wrongfully restrained the officials from discharging their official duties. Petitioners are accused 1 to 3. 3. Learned counsel for petitioners submitted that the officials were removing plastic carry bags irrespective of the size and the quality including unbanned items and this fact was brought to the notice of the officials and protest was also raised in removing the unbanned bags, which was not to their liking and the non-bailable offence under Section 353 is deliberately included to harass the petitioners. 4. On hearing both sides, I think it fit to grant anticipatory bail to the petitioners. Hence, the following order is passed: B.A.No. 5789 of 2008 2 Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioners shall co-operative with the investigation and make themselves available for interrogation. ii) Petitioners shall not commit any offence while on bail. Iii) Petitioners shall not use banned items of plastic bags. Petition is allowed. K.HEMA, JUDGE vgs.