IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 759 of 2009() ---------------------------- (CRIME NO. 450/2008 OF THRISSUR TOWN WEST POLICE STATION) PETITIONER/ACCUSED: -------------------- AMBILI UNNIKRISHNAN,W/O.UNNIKRISHNAN, KARIKUTTY HOUSE,LOKAMALEASWARAM VILLAGE, KAVILKADAVU DESOM,KODUNGALLUR TALUK. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): --------------- STATE OF KERALA THROUGH SI OF POLICE THRISSUR TOWN WEST POLICE STATION. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl. No. 759 of 2009 --------------------------------------------------- Dated this the 18th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences under Sections 143, 147, 186, 188, 283,353 read with section 38 and 52 of the Kerala Police Act. According to prosecution, petitioner (A4) along with other accused, belonging to Scheduled Caste and Scheduled Tribe, demonstrated a Dharna in front of the Collectorate, Thrissur, demanding education, employment and land. In the course of Dharna, they committed various offences by deterring the public servants from discharging their official duty. 3. Learned counsel for petitioner submitted that 19 persons were taken into custody on the same day on 5.11.2008 and petitioner was not arrested. Petitioner is innocent of the allegations made and she has not committed any offence. The custodial interrogation of the petitioner is not necessary and hence anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that about 2000 persons surrounded the entire [B.A.No.759/2009 2 Collectorate building and compound and obstructed the public servants from discharging their official duties. Employees included the employees of Courts as well as other offices situated in the Collectorate building. This is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the serious nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. The gravity of the offence and the nature of allegations are the criteria to decide whether anticipatory bail is to be granted or not. On doing so, I am not inclined to grant anticipatory bail in a case of this nature. Petitioner is bound to surrender. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer without delay and co-operate with the investigation. Whether she surrenders or not, police is at liberty to arrest her and proceed in accordance with law. 2) No further application for anticipatory bail by the petitioner in this crime will be entertained by this Court. Petition is dismissed. K. HEMA, JUDGE.