IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 Bail Appl..No. 5358 of 2008(B) -------------------------------------- CRIME NO.390/08 OF NEYYATTINKARA POLICE STATION .................... PETITIONER :- ---------------- ANI, S/O JAYADAS, KONIYAMKONAM VEEDU, KOTTAKKAL DESOM, ANAVOOR VILLAGE, NEYYATTINKARA TALUK, BY ADV. SRI.RAJESH P.NAIR RESPONDENT :- ----------------- THE 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 27/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------------- Bail Application No.5358 of 2008 ------------------------------------------------------- Dated this the 27th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 353, 294(b), 323 and 506(1) IPC. According to prosecution, petitioner allegedly attacked the defacto complainant, who is a Station Master in KSRTC bus stand, while he tried to prevent the private vehicle operators from taking passengers for the buses parked inside the bus station. Petitioner criminally intimidated the defacto complainant and assaulted him and also used abusive utterances against the defacto complainant and obstructed in discharging his official duties. 3. Learned counsel for the petitioner submitted that the police station is at a distance of ¾ km. from the bus station. But, no complaint was given to the police station within a reasonable time. The incident happened at 8.00 a.m. But, the complaint was given only at 6 p.m. on the same day. Defacto complainant also did not go to any doctor or hospital. He also did not take the aid from the police aid post or police station, which is nearby. All these will indicate that this is a false case and therefore, anticipatory bail BA No.5358/08 2 may be granted, it is submitted. Learned counsel for the petitioner also submitted that the petitioner is prepared to surrender before the learned Magistrate and a direction may be given to dispose of the case on the same day itself. 4. This petition is opposed. Learned public prosecutor submitted that the failure to give a report immediately to the police or to the police aid post is not by itself a reason to infer that the case is false. 5. On hearing both sides, considering the nature of allegations made and in the absence of any materials to indicate any motive for the defacto complainant to make false allegations against the petitioner, I find that it is not a fit case to grant anticipatory bail. If the petitioner surrenders before the Magistrate Court and files a bail application with previous notice to the Assistant Public Prosecutor-in-charge of the case, learned Magistrate shall dispose of the application as expeditiously as possible. It is needless to say that the considerations for granting bail and anticipatory bail are different. The petition is allowed. K.HEMA, JUDGE csl