IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 Bail Appl..No. 1756 of 2010() ----------------------------- (Crime No.608/2009 of the Vanchiyur Police Station) PETITIONER/ACCUSED NO.4 ----------------------------------- CHANDRASEKHARAN NAIR, AGED 71 YEARS, RESIDING AT: "NARAYANEEYAM", TC - 25/3295, VRAC 25, B.B.PRINTING LANE, VANCHIYOOR, THIRUVANANTHAPURAM BY ADV. SRI.J.R.PREM NAVAZ SMT.SMITHA GEORGE RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, VANCHIYOOR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------- B.A.NO. 1756 OF 2010 ------------------------------------------------- Dated this the19th day of May, 2010. ORDER This petition for Anticipatory bail. 2. The alleged offences are under Sections 188, 294B, 333, 307 and 506(ii) read with Section 34 of Indian Penal Code. According to prosecution, on 4.12.2009, the Circle Inspector of Police and other Police Constables went to the house of the accused to execute the orders in WP(C) No.27283 of 2009 dated 3.12.2009 passed by this court, petitioner (A4) along with other accused obstructed the same and the Police had to return. In the writ petition an order was passed directing take the petitioner's daughter in-law from her matrimonial home and to entrusted her to parents after seeking assistance from Vanitha Commission. 3. The learned counsel for the petitioner submitted that the petitioner is 70 years old and it was with his assistance that his daughter in-law filed writ petition before this court. The other accused are granted bail, it is submitted. 4. Learned Public Prosecutor submitted that the Circle Inspector and party had gone to the place of occurrence to execute an order in the Writ petition while they prevented from executing the B.A.NO. 1756 OF 2010 2 order. As per the allegations, the petitioner snatched away the wireless set of the Circle Inspector, and he was also assaulted by the accused in this case. It is conceded and other accused are granted bail in this case. 5. On hearing both sides, and on considering the facts and circumstances of the case, taking into consideration the manner in which the petitioner allegedly acted to the Police party who went to the house for execution of order passed by this court, I am not inclined to grant anticipatory bail to the petitioner irrespective of the fact that he is a senior citizen . This petition is dismissed. K.HEMA,JUDGE. pm