IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Bail Appl..No. 4494 of 2008() ----------------------------- CRIME NO. 277/2008 OF KASARAGODE POLICE STATION PETITIONERS/ACCUSED 2,3, AND 4:- ------------------------------------------------- 1. PRASHANTH, S/O KUMARAN, MOOKAMBIKA NIVAS, ANANGOOR, KASABA VILLAGE, KASARGODE TALUK. 2. ASHOK @ ASHOK KUMAR, S/O ACHUTH KAMATH, SATHYABHAMA COLONY, VIDYA NAGAR, KASABA VILLAGE, KASARGODE, 3. ANEESH, S/O KRISHNAN, KOMALAKSHI NILAYAM, NULLIPPADY, KASABA VILLAGE, KASARGODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE:- ------------- 1. THE SUB INSPECTOR OF POLICE, KASARGODE POLICE STATION, 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4494 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 353, 332 read with section 34 IPC . According to the prosecution, on 14-4-2008 at about 7.30 p.m., while the defacto-complainant who is a Police Constable was controlling traffic block on a public road, four persons alighted from a Maruti car, caught hold of his shirt collar, slapped on his face and thereby interfering with his official duty. They escaped thereafter, by the time control room police came. 3. Learned counsel for the petitioners submitted that the petitioners are absolutely innocent of the allegations made. They are accused 2 to 4 in the crime. As per the First Information Statement, the defacto-complainant heard the assailants calling each other by their names at the time of occurrence and that is how the accused were identified. Learned counsel for the petitioners submitted that there can be a mistaken identity and hence they may be granted bail. BA 4494/08 -2- 4. This application is strongly opposed. Learned Public Prosecutor submitted that considering the nature of offence committed, anticipatory bail may not be granted. 5. On hearing both sides, I find that a detailed investigation is required in this case and it may not be fit and proper to grant anticipatory bail, in a case of this nature. The application is dismissed. K. HEMA, JUDGE. mn.