IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3513 of 2008 ------------------------------------- (CRIME NO. 207/2008 OF THENIPALAM POLICE, MALAPPURAM DIST.) PETITIONER/ACCUSED: ---------------------------------- VALERI VASUDEVAN, S/O.GOVINDAN, AGED 60 YEARS, ARTHA HOUSE, CHELEMBRA AMSOM DESOM THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENTS: COMPLAINANT/STATE: --------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------- B.A. No. 3513 OF 2008 ----------------------------------- Dated this the 2nd day of June, 2008. O R D E R This is a petition for anticipatory bail. 2. The petitioner is arrayed as accused in Crime No.207/2008 of Thenjippalam Police Station registered under Sections 353 and 354 of Indian Penal Code. It is alleged that the de facto complainant, a lady Village Assistant, was obstructed from discharging her official duties and her modesty was outraged by the petitioner. 3. Learned counsel for the petitioner submitted that there was a quarrel between the de facto complainant and the petitioner, since the de facto complainant insisted to produce the previous tax receipts when the petitioner, who is aged 60 years, went to the village office for remitting the tax. Except this nothing more had happened. 4. This petition is opposed. It is submitted that in an offence of this nature, discretionary remedy under Section 438 of B.A. No. 3513/08 2 Cr.P.C may not be exercised. I am satisfied of the submissions made and I am not inclined to grant anticipatory bail. The petition is dismissed. K. HEMA, JUDGE. smp