IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2761 of 2010() ------------------------------------- (CRIME NO.107/2010 OF NALLALAM POLICE STATION) PETITIONER/ACCUSED : ---------------------------------- C.M.SUBHEESH, S/O.SUDHAKARAN, KOLAKKATTUMEETHAL, OLAVANNA AMSOM DESOM, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT/STATE ------------------------------------------------------ 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM,KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERANKULAM. PUBLIC PROSECUTOR MR.V. TEK CHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sou. K. HEMA, J ---------------------- B.A.No.2761 OF 2010 ----------------------------------- Dated this the 31st day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 353, 333 r/w 34 IPC. According to prosecution, certain persons were engaged in gaming and the police party could arrest only one person. Petitioner and another person were found standing nearby and they were identified as persons involved in the gaming. Police tried to arrest petitioner, while police constable was assaulted by petitioner. He punched on his nose and he sustained a fracture on nasal bone and other injuries. The incident happened on 7.3.2010 at 10.30 pm. 3. Learned counsel for petitioner submitted that defacto complainant was not on uniform and the petitioner thought that he was a gunda. Second accused was already released on bail. 4. This petition is opposed. Learned public prosecutor submitted that defacto complainant and the police party were on duty in connection with a temple festival and the police constable B.A. No.2761 2 sustained grievous hurt. 5. On hearing both sides, considering the serious nature of allegations made and the injury sustained by defacto complainant, I find that this is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.