IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5696 of 2008() ----------------------------- CRIME NO.272/2008 OF TOWN POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED 1,2,4 & 5. ----------------------------------------------- 1. AJEESH, S/O. ALI KHAMMIS, ANEES MANZIL, MANJALAM PARAMBA, KALLAI, P.O., PANNIYANKARA VILLAGE, KOZHIKODE DISTRICT. 2. HARIDAS, S/O. KUNHIKANDAN, MANAGER, SEENA FOOTWEAR, S.M.STREET, KOZHIKODE, RESIDING AT VAZHAYIL HOUSE, PARAMBIL P.O., MARIKUNNU, KOZHIKODE. 3. ABDUL KAREEM.K.V. AGED 53 YEARS, S/O. ALIKOYA, HAJIRA NIVAS, 8/A THALAYOLATHU PARAMBA, ARTS COLLEGE, P.O., MEENCHANDA, PANNIYANKARA AMSOM DESOM, KOZHIKODE. 4. M.K.IQBAL, S/O. MOOSAKOYA, SHANU NIVAS, THULAMMUTTAM PARAMBA, ARAKINAR P.O., MATHOTAM, MADUVATTOM, KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. THE SUB INSPECTOR OF POLICE TOWN POLICE STATION, KOZHIKODE. 2. STATE RE.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5696 of 2008 ------------------------------------------------- Dated this the 19th day of September, 2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 342, 353 and 506(1) read with Section 149 IPC. Petitioners are accused nos. 1, 2, 4 and 5 in the crime. They along with other accused allegedly committed various offences while the defacto complainant, who is the Assistant Controller, Legal Metrology, was conducting an inspection in a shop. 3. Learned counsel for the petitioners submitted that the defacto complainant was going out of the shop, while the people of the locality gathered there since there was some dispute and she was prevented from going out. The petitioners also happened to be allegedly present at the scene of occurrence. But, the petitioners are not involved in the offence. They have not committed any offence, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that this is a case where the defacto complainant, an official, was obstructed by the petitioners and others from BA No.5696/08 2 discharging the official duty, after wrongfully confining her. 5. On hearing both sides, in the nature of allegations, I do not think it fit to grant anticipatory bail. The incident occurred on 23.7.2008 and the petitioners could not be arrested so far and hence, they are directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. The petition is dismissed. K.HEMA, JUDGE csl