IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 5991 of 2011() ----------------------------- CRIME NO.177/2011 OF NEDUMUDY POLICE STATION ALAPPUZHA DISTRICT PETITIONERS/ACCUSED 1 TO 3 ------------------------------ 1. AJI BEN, S/O. BENNACKAL, AGED 28 YEARS, MAILADUM POIGA PADAPPAKARA, MULAVANA VILLAGE, KOLLAM DISTRICT. 2. ANIL BEN, S/O. BENNACKAL, AGED 31 YEARS, MAILADUM POIGA PADAPPAKARA, MULAVANA VILLAGE, KOLLAM DISTRICT. 3. MANU, S/O. FRANCIS, AGED 24 YEARS, MANJU NIVAS, PERAYAM CHERRY, KUTHIRAMUNAMBU, MULAVANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5991 of 2011 ---------------------------------------------- Dated this the 05th day of August, 2011 ORDER The petitioners apprehend arrest on an accusation of having committed non bailable offence in Crime No.177 of 2011 of Nedumudy Police Station, Alappuzha District. Therefore, they have filed this application for anticipatory bail. 2. The learned Public Prosecutor submitted that, till now the petitioners are not arrayed as accused in Crime No.177 of 2011 of Nedumudy Police Station. The learned Public Prosecutor submitted that the Test Identification Parade would be held on 09/08/2011 and only thereafter the correct picture would emerge. 3. There occurred a dispute between two boat clubs in connection with the awarding of first prize in Chambakkulam Moolam Boat Race. Members of the clubs had fight against each other. It is submitted by the learned Public Prosecutor that the Police intervened. At that time the Sub Inspector of Police was attacked and he sustained fracture. Two Police Bail Appln.No.5991/2011 : 2 : Constables also sustained injuries. W.P.(C)No.20267 of 2011 was filed by the Patron of Jesus Boat Club, Kollam, complaining about police harassment. It is stated that the Writ Petition was disposed of with certain directions. One of the directions is that the members of Jesus Boat Club would be arrested only after the Test Identification Parade is over and even if some of them are arrayed as accused, they shall not be arrested before 16/08/2011. It is submitted that the judgment was passed on 04/08/2011 and a copy of the same has not been received. The petitioners are members of Jesus Boat Club and it is submitted that the benefit of the judgment in W.P.(C)No.20267 of 2011 would be available in favour of the petitioners as well. In the facts and circumstances, the Bail Application is closed with liberty to the petitioners to approach the Court again, if and when occasion arises. K.T.SANKARAN, JUDGE skj