IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Bail Appl..No. 4786 of 2008 ----------------------------- CMC.699/2008 of D.C. & SESSIONS COURT,KOZHIKODE CRIME NO. 76/2008 OF PANNIYANKARA POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. VIVEKANANDAN @ PREMANANDAN, S/O.GOPI, ARRAKE THAZHE PADANNA, PANNIYANKARA P.O., KALLAI, KOZHIKODE DISTRICT. 2. K.KRISHNA DASAN, S/O.GOPI, KAVUNGAL HOUSE, PADANNA VALAPPU, PANNIYANKARA AMSOM DESOM, KOZHIKODE DISTRICT. 3. V.SURENDRAN, S/O.V.APPUNNI, VAZHAYIL HOUSE, PANNIYANKARA AMSOM DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, PANNIYANKARA POLICE STATION, PANNIYANKARA. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4786 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2008 O R D E R Application for anticipatory bail 2. According to the prosecution, when the defacto-complainant who is a process server in the District Court, Kozhikode went for serving an injunction order and notice on the petitioners, they wrongfully confined him and also used criminal force to deter him from discharging his official duty in furtherance of their common intention. A crime was registered on the basis of a complaint lodged by the process server under sections 342 and 353 read with section 34 IPC. 3. Learned counsel for the petitioners submitted that when the process server went for service of the notice and injunction order, two groups (plaintiffs' people and defendants' people) started fighting with each other by exchanging filthy words. In between, the defacto-complainant happened to be held up. That is all what is happened and it is not intentional. 4. Learned Public Prosecutor opposed the bail application and submitted that the petitioners' names are mentioned in the First Information BA 4786/2008 -2- Statement itself. The case diary reveals a clear case of commission of the alleged offences. Process server filed a complaint before the learned District Judge and the complaint was forwarded to the police and accordingly a crime was registered. In case of this nature anticipatory bail may not be granted, it is submitted. 5. On hearing both sides, I am satisfied that in a nature of this offence, it is not fit to grant anticipatory bail. The application is dismissed. K. HEMA, JUDGE. mn.