IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5463 of 2008(A) ------------------------------------- CRIME NO.361/2008 OF MUKKOM POLICE STATION .................... PETITIONERS/ACCUSED : ------------------------------ 1. ABDUL ALI.K, S/O.MUHAMMED, MADATHIL HOUSE, KEEZHUPARAMBA P.O., KUNIYIL HOUSE, MALAPPURAM. 2. SAFARULLA.E, S/O.K.E.MUHAMMED, ERUMANKADAVATH HOUSE, KUNIYIL, KEEZHUPARAMBA P.O., AREEKODE, MALAPPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS/COMPLAINANT/STATE : ------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION. 2. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5463 OF 2008 ------------------------------ Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 323, 325, 341, 308 read with Section 34 of IPC. According to the prosecution, on 29.07.2008 at about 12 noon, a motor cycle driven by the petitioners was parked in such a way that it created traffic block. Therefore, the defacto complainant, who is a police constable, who was also present there on his motor cycle asked the petitioners to move. But the petitioners did not heed to the request and assaulted the defacto complainant. His hand was twisted and thereby a dislocation was caused. He was also pushed in front of a bus. 3. Learned counsel for the petitioners submitted that some altercation occurred, when there was a traffic block. Petitioners are absolutely innocent of the allegations made. They were not aware that defacto complainant is a police constable and he was not discharging any official duty and he was not in B.A.5463 of 2008 2 his uniform. Only because the defacto complainant is a police constable, offence under Section 308 was included, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a case where the petitioners parked the vehicle causing traffic block and when they were asked to move they abused and assaulted the police constable, who was also proceeding on his motor cycle. Dislocation was caused by twisting his hand and he was also pushed in front of a bus. On hearing both sides, I find that in the nature of allegations made, it may not be proper to grant anticipatory bail to the petitioners. The incident happened in July and petitioners could not be arrested despite expiry of a long period. Hence, petitioners are directed to surrender before the Magistrate court concerned and if any bail application is filed, it shall disposed of on merits, expeditiously and in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac