IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4868 of 2008() ----------------------------- CRIME NO.153/08 OF ELATHUR POLICE STATION .................... PETITIONERS : ACCUSED ----------------------------------- 1. SHANMUGHAN, S/O. CHEROOTY, ERANHOLI HOUSE, PUTHIYANIRATH, ELATHU.P.O, KOZHIKODE DIST. 2. K.K. RAHEEM, S/O. AYSHABI, RAHA HOUSE, KANNANCHERI PARAMBU, ERANHIKKAL.P.O, KOZHIKODE. 3. K. SANTHOSH, S/O. SREEDHARAN, NEDIYARAMBATH, PUTHIYANIRATH, ELATHUR.P.O, KOZHIKODE. 4. V. MANOHARAN, S/O. CHEROOTY, VATTAKANDY, PUTHIYANIRATH, ELATHUR.P.O, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT AND STATE ---------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION, ELATHUR. 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 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.4868 of 2008 ------------------------------------------------------- Dated this the 5th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 353, 294(b) and 323 read with Section 34 IPC. According to the prosecution, on 5.6.2008 at about 9.45 a.m., Sub Inspector of Police and other police party were on patrol duty. It was a harthal day. Police party was removing the obstruction caused on the road by blocking the traffic. Police jeep was parked by the side of the road and the driver was standing nearby. Petitioners who were infuriated by the act of the police in removing the block, wrongfully restrained and assaulted the driver and also used obscene words against them in public. 3. Learned counsel for petitioners submitted that the case set up by the prosecution is an absolutely unbelievable story. According to her, it is highly unlikely that the petitioners will attack a police driver when the Sub Inspector and other Constables were standing nearby. It is also submitted that the petitioners are falsely implicated due to political influence. In BA No.4868/08 2 the FI statement, petitioners names are not mentioned. It is only stated that they are identifiable by sight. 4. This petition is strongly opposed. Learned public prosecutor submitted that only the driver was standing near the jeep and the other police officials were present slightly away from the jeep, when he was assaulted by the petitioners. Petitioners could not be arrested since they ran away from the scene of occurrence. Though the names of the petitioners were not mentioned in the FIR, they are identifiable by sight by the defacto complainant and others who witnessed the incident. Therefore, petitioners are required for interrogation and identification. 5. On hearing both sides, I am satisfied that the petitioners will be required for custodial interrogation and identification and hence, it may not be proper to grant anticipatory bail in an offence of this nature especially which occurred on a harthal day. The petition is dismissed. K.HEMA, JUDGE csl