IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6135 of 2008() ----------------------------- (CRIME NO.790/2007 OF THE MALAPPURAM POLICE STATION) PETITIONER/ ACCUSED NO.29: ---------------------------------- SALIH, S/O.MUHAMMED, MURIKKUNGADAN HOUSE CHELUR, KOOTTILANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6135 of 2008 --------------------------------------------------- Dated this the 16th day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 148, 353 read with section 149 of IPC. According to prosecution, petitioner along with 28 others formed into an unlawful assembly and obstructed the Circle Inspector and the police party from discharging their official duties and caused obstruction to them by pelting stones and wrongly restrained them from taking away the autorickshaw driver, who allegedly drove his vehicle in a rash and negligent manner and hit against a girl. 3. Learned counsel for the petitioner submitted that the petitioner is accused no. 29 in the crime and he is brought to array of accused only at a later stage. The incident occurred as early as on 3.10.2007 and he is working in Tamil Nadu and he came to know about the implication only when he came home. All other 28 persons are enlarged bail. Normally, when a girl was [B.A.No.6135/08] 2 hit down by the autorickshaw in a village road, people of the locality would gather but the police party made some advances against the mob. Some people pelted stones against the police jeep and thus the incident happened. Petitioner is absolutely innocent of the allegations made. There was no intention to prevent any police officer from discharging his official duty, but it was only a mob reaction in a village during Ramzan period when people gathered for breaking the fast, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that this a case where the Circle Inspector and party who went to the spot where the accident occurred in a police jeep for discharging their duty and damage was caused to the jeep and the petitioner is required for interrogation. The incident happened as early as on 3.10.2007, more than one year back and charge sheet has not been filed so far, since the petitioner was not available for arrest. Hence, petitioner may be directed to surrender before the investigating officer and co-operate with the investigation. On hearing both sides, on considering the nature of allegations made, I do not think it fit to grant anticipatory bail to the petitioner. But, the consideration for granting anticipatory bail [B.A.No.6135/08] 3 are different from consideration for granting bail under section 437 Cr.P.C. The petitioner was not available for arrest for the past one year and hence the following order is passed. 1) Petitioner shall surrender before the investigating officer within 7 days from today and make himself available for interrogation and co-operate with the investigation. 2) Thereafter, the petitioner shall be produced before the Magistrate Court in accordance with law and, if bail application is filed, it shall be disposed of as expeditiously as possible on merit. With this direction, the petition is disposed of. K. HEMA, JUDGE. Krs.