IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 Bail Appl..No. 1000 of 2010() ---------------------------------- PETITIONER/ACCUSED: --------------------------- 1. MANOJ ABRAHAM, S/O. ABRAHAM, VALAMANNIL HOUSE, KOODARANHI. P.O., 2. SHINOY, S/O. DEVASSYA, AGED 26 YEARS, PALLATH HOUSE, KAKKADAMPOYIL. 3. PRAKASAN, S/O. CHATHUKUTTY, AGED 30 YEARS, KUNNUVAZHA PURATH, KAKKADAM POYIL. 4. MANU, S/O. HELIN, KALLUVELIKKAL HOUSE, KAKKADAM POYIL. 5. SABU @ JINS, S/O. CHACKO, KOCHUVELIKKAKATH HOUSE, KAKKADAMPOYIL. 6. MANOJ, S/O. THOMAS, AGED 30 YEARS, PALLIYAL, KAKKADAMPOYIL. 7. RAJ MOHAN, S/O. KORAPPAN, AGED 36 YEARS CHERUKATTIL HOUSE, KOOMPARA BAZAAR, KOZHIKODE. 8. JOBY, S/O. JOSE, AGED 34 YEARS, ELAMTHUIRATHIYIL, KSKKSFSMPOYIL. 9. JOSE, CHITTEKKAD, KAKKADAMPOYIL. 10. SHINOJ S/O. JOSEPH, AGED 31 YEARS, VADAKKEKOOTT P.O.,KAKKADAMPOYIL. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT: ----------------------------------- THE SUB INSPECTOR OF POLICE, THIRUVAMBADY POLICE STATION, KOZHIKODE. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1000 of 2010 ------------------------------------ Dated this the 24th day of February, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 10 in Crime No.44/2010 of Thiruvambady Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 332, 294(b) and 323 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is the following: One Sumitha was missing. Information was given to the police. A case was registered as woman missing. It was alleged that one Benoy had taken Sumitha with him and that Sumitha was available in his house. The Assistant Sub Inspector of police attached to the office of Circle Inspector of Police, Aluva along with four police constables including two women police constables went to Thiruvambady in Kozhikode District where Benoy was residing. The police party took Sumitha into custody after B.A. No. 1000 of 2010 2 disclosing their identity. While the police party was proceeding with Sumitha, the vehicle was intercepted by 50 persons, who came in three vehicles. The assailants attacked the police constables and forcibly rescued Sumitha. Crime No. 44/2010 was registered at Thiruvambady police station on the information given by Assistant Sub Inspector of police attached to the office of the Circle Inspector of Police, Aluva for the aforesaid offences. The petitioners apprehend arrest and therefore, they filed this Bail Application. 4. The allegations levelled against the petitioners are grave in nature. The allegation is that they obstructed the discharge of official duties of the Assistant Sub Inspector of Police and police constables. The further allegation is that about 50 persons including the petitioners overpowered the police men and rescued Sumitha, who was lawfully taken into custody by the police from the house of Benoy. It is alleged that the accused persons in the case are the friends and relatives of Benoy. I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If the allegations are true, it would disclose wanton acts of the accused to deter B.A. No. 1000 of 2010 3 the public servants from discharging their official duties. Such acts would be detrimental to the rule of law and it cannot be viewed lightly. If the petitioners are granted anticipatory bail, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln