IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 Bail Appl..No. 7326 of 2009() ----------------------------------------- CRIME NO.480/2009 OF MATTANNUR POLICE STATION. PETITIONER/ACCUSED 1,4 AND 6: ------------------------------------------------ 1. M.SIRAJ, S/O.AABU, AGED 26 YEARS, THAFSEERA MANZIL, VELIYAMRA, KANNUR DISTRICT. 2. C.P.KAMARUDHEEN, S/O.AHAMMED, AGED 26 YEARS, AKKARAMMAL HOUSE, VELIYAMBRA, KANNUR DISTRICT. 3. PANERI AABU, S/O.IBRAHIM, AGED 70 YEARS, THAFSEENA MANZIL, VELIYAMBRA, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS/ COMPLAINANT/STATE: ------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.7326 of 2009 --------------------------- Dated this the 15th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos. 1, 4 and 6 in Crime No.480/2009 of Mattannur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 341, 323, 353, 332 and 225 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The Sub Inspector of Police and Party of Kathirur Police Station came to a place within the territorial limits of Mattannur Police Station for the purpose of arresting the accused (Mubasheer @ Bachi), who is involved in two crimes registered under Section 395 of the Indian Penal Code. When the Police Party took the accused in that case into custody, the accused persons in the present case formed themselves into unlawful assembly and caused obstruction to the official duties of the Police officers of Kathirur Police Station and rescued Mubasheer B.A. No.7326 /2009 2 @ Bachi from the police custody. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. Serious allegations are levelled against the petitioners including obstruction to the discharge of official duties of the police officers from arresting an accused involved in a serious offence. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm