IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 Bail Appl..No. 3418 of 2010() ----------------------------- CRIME NO.1302/2010 OF ALUVA POLICE STATION, ERNAKULAM. (S): PETITIONER/ACCUSED -------------------------------------- PATHROSE @ PETER, AGED 40 YEARS, S/O.VARGHESE, KAPADALIL HOUSE, THAIKATTUKARA, MUTTOM, ALUVA. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR, ALUVA POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3418 of 2010 ---------------------------------------------- Dated 9th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 332, 294(b) read with Section 34 of the Indian Penal Code. According to prosecution, two police officials were proceeding in a motor cycle belonging to the department. Petitioner (A1) suddenly crossed the road and the motor cycle had to be stopped suddenly. This was questioned by defacto complainant, since he had to apply sudden brake. This offended petitioner and he kicked down the motor cycle. Both the policemen fell on the road while petitioner abused them in obscene language in public. At that time, two persons came running and caught hold of the shirt of defacto complainant and first accused hit him on his nose. The other man pushed him down. Others also assaulted him and thereby he sustained injuries. The policemen were deterred from discharging their official duty. 3. Learned counsel for petitioner submitted that police officials, who were coming in a motor cycle were in mufti and they BA NO.3418/10 2 happened to fall down, when sudden brake was applied. There was some altercation with the people of the locality regarding the rash and negligent driving. Injuries were sustained by falling. There is no allegation against petitioner that he had assaulted defacto complainant, but the only allegation is that he used obscene language, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that considering the serious nature of the allegations, this is not a fit case to grant anticipatory bail. 5. On hearing both sides and on going through the first information statement, I find that there is a specific allegation that petitioner fisted defacto complainant on his nose and there was bleeding etc. The submission made to the contrary is not correct. Hence, I do not think that this is a fit case to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs