IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 1317 of 2010() ---------------------------------- CRIME NUMBER NOT REGISTERED BY KOTTIYAM POLICE STATION ...................... APPLICANT/ACCUSED : -------------------------- 1. A.K. ABDUL AZEEZ, S/O.ABDUL KHADER,MANAMA HOUSE, UMAYANALLOOR P.O., KOLLAM. 2. R.AJAYAKUMAR, S/O.RAJAPPAN, CHINNU NIVAS, MUKHATHALA P.O., KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS/STATE : --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE KOTTIYAM POLICE STATION, KOTTIYAM P.O., KOLLAM. 2. MUHAMMED SHAFI KUTTIVILA THEKKATHIL, UMAYANALLOOR P.O., THAZHUTHALA VILLAGE,.KOTTIYAM, KOLLAM. 3. SHIBEER MUHAMMED, SHIHAB MANZIL, PADANAYAR KULANGARA NORTH, KARUNAGAPPALLY P.O., KOLLAM. 4. JUBAIR, S/O.ABOOBACKER KUNJU. SHEMI BHAVAN THRIKKOVILAVATOOM VILLAGE, KANNANALLOOR P.O., KOTTIYAM, KOLLAM. 5. ABDUL RINSHAD KHAN, S/O.ABDUL KALAM,KALAM MANZIL, THRIKKOVILAVATTOM VILLAGE,KANNANALLOOR PO, KOTTIYAM, KOLLAM. B.A.No. 1317 of 2010 2 6. MUKHATHALA GOPINATHAN, CHARUVILAPUTHEN VEEDU, KIZHAVOOR CHERRY, MUKHATHALA P.O.,KOLLAM. 7. SANALKUMAR, S/O.SAHADEVAN,KOCHUVILA VEEDU, PUTHUCHIRA, UMAYANALLOOR PO, KOLLAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1317 of 2010 ------------------------------------ Dated this the 09th day of March, 2010 O R D E R Apprehending arrest by Kottiyam police on the allegation that the petitioners have committed non bailable offence, they have filed this application for anticipatory bail. Disputes are pending between the petitioners on the one hand and the second respondent on the other hand. The facts relating to the same are narrated in the Bail Application. The petitioners have filed a complaint before the Magistrate's Court against the second respondent. That complaint was forwarded to the police for investigation. It is submitted that a crime was registered against the second respondent as crime No. 146/2010. 2. It is stated by the petitioners that respondents 2 to 7 made several defamatory remarks against the company of which the first petitioner is one of the directors. The petitioners apprehend that in order to deter the petitioners from proceeding with that case, the 6th respondent has alleged certain offences against the petitioners under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The petitioners B.A. No. 1317/2010 2 apprehend arrest and therefore, they have filed this Bail Application. 3. The learned Public Prosecutor submitted that no Crime is registered against the petitioners and Kottiyam police have no intention to arrest the petitioners. It is also submitted that no petition was received by Kottiyam Police from Mukhathala Gopinathan alleging offences against A.K.Abdul Azeez and R. Ajayakumar, the petitioners in this Bail Application. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed with liberty to the petitioners to approach this Court again as and when occasion arises. K.T. SANKARAN, JUDGE ln