IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 7192 of 2008() ----------------------------- CRMP.2350/2008 of ADDL.SESSN.COURT (ADHOC-II)KASARAGODE CRIME NO.307/2008 OF MANJESHWAR POLICE STATION PETITIONERS/ ACCUSED ---------------------------------------- 1. SHAIKUNHI, S/O.SEEDI, R/AT SAMEER MANZIL KATTA BAZAR, BANGRA MANJESHWAR, POST MANJESHWAR, KASARAGOD DIST. 2. ASHRAF, S/O.MOHAMMED KUNHI, ELECTRICIAN, R/AT BANGRA MANJESHWAR, HAYYA ROAD, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MANJESHWAR POLICE STATION, REP.BY ITS PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7192 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 341, 342, 332 read with section 149 IPC. According to prosecution, petitioners (A1 and A6) along with four other persons formed themselves in to an unlawful assembly and wrongfully confined Asst. Executive Engineer and Overseer and assaulted Sub Engineer. 3. Learned counsel for petitioners submitted that petitioners belong to fishermen community and they were not aware of the purpose of the visit of the officials. Female members of the family were present in the house and hence, they did not allow the officials to enter the house. Except that, nothing more had happened, it is submitted. It is also submitted that accused 2 to 5 were released on bail. 4. This petition is opposed. Learned Public Prosecutor submitted that Asst. Executive Engineer visited the house of petitioners for checking the connected load and he went there along with two of his subordinate officials. The door was locked from inside and hence, information was conveyed to higher authorities. Sub Engineer came to the scene and asked the door BA 7192/08 -2- to be opened. The door was opened and the officials were wrongfully confined and Sub Engineer was assaulted by accused. He sustained various injuries and he was examined by doctor. It is not fit to grant anticipatory bail , it is submitted. 5. On considering the nature of allegations made, I do not think it fit to grant anticipatory bail. No special circumstance is pointed out to persuade this Court to invoke the extra-ordinary jurisdiction under section 438 Cr.P.C. This petition is dismissed. K.HEMA, JUDGE. mn.