IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 Bail Appl..No. 3848 of 2008() ----------------------------- (CRIME NO.109/2008 OF VELLAYIL POLICE STATION) PETITIONER/ACCUSED ----------------------------------- T.P.PUSHKARAN, AGED 43 YEARS, S/O.KUTTYMON, FISHER MAN, THAIKKOOTTAM PARAMBIL, PUTHIYANGADI AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.A.SUDHI VASUDEVAN RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------ Bail Appl.No. 3848 of 2008 ------------------------------------------ Dated this the 23th day of June, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 353 IPC. According to prosecution, the process server of the District Court went to the petitioner to serve summons on 26.4.2008, but the petitioner assaulted the process server and snatched away the process and destroyed the same. 3. Learned counsel for the petitioner submitted that petitioner only refused to receive the summon and nothing as alleged had taken place. According to him, offence under Section 353 IPC is not attracted, since no criminal force is used. It is submitted that no gesture on the part of the petitioner has been alleged in the first information statement. 3. Learned Public Prosecutor submitted that there was allegation that the petitioner took away the process by force from the process sever and he had used criminal force against a public servant with intent to prevent or deter that person from discharging his duty as [B.A.No.3848/08] 2 a public servant. In the light of the allegation that force was used to snatch away the process from the de facto complainant, I find that prima facie, the argument advanced by the petitioner cannot be accepted at this stage. Petition is dismissed. K. HEMA, JUDGE. Krs. [B.A.No.3848/08] 3