IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 4832 of 2008() ----------------------------- CRIME NO.500/008 OF KASARAGOD POLICE STATION PETITIONER:- -------------------------------- ASHARAF AGED 25 YEARS, S/O ABDUL RAHMAN, R/AT PATLA PATLA P.O., MULLAR VILLAGE, KASARGOD. BY ADV. SRI.T.B.SHAJIMON RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE, KASARGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4832 of 2008 ----------------------------------------- Dated this the 3rd October, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, petitioner, along with six others, got into a bus, in which the de facto complainant and another were travelling. Both of them are police constables. The petitioners forcibly took them out of the bus, assaulted them and committed various offences and a crime was registered under Sections 143, 147, 148, 341 and 353 read with 149 of Indian Penal Code. The police constables were on duty at that time. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. There was some dispute between the first accused and a police officer. But the petitioner is implicated falsely in the crime. It is also submitted that when anticipatory bail application was pending, one of the accused (second accused) was arrested and he was brutally manhandled. It is also alleged that though the police has not arrested the petitioner during the pendency of this petition, various documents, such as passport, licence along with the motor bike were taken away by the police. Therefore, if anticipatory bail is not granted, petitioner is likely to be tortured by the police, it is submitted. BA.4832/08 2 4. This petition is opposed. Learned Public Prosecutor submitted that the second accused was arrested in a peculiar circumstance and a statement was also filed by the police in the anticipatory bail application filed by him and the said statement was accepted by this Court. It is also submitted that the allegation of physical torture is absolutely baseless and incorrect. Learned Public Prosecutor also submitted that the police constables who are the victims are from the AR Camp and they have absolutely nothing to do with the local police. The allegation that the petitioner is falsely implicated is not correct. 5. On hearing both sides, I am satisfied that in the nature of allegations made, it is not a fit case to grant anticipatory bail. The incident occurred as early as on 10.7.2008 and the petitioner could not be arrested so far. Therefore, the petitioner is directed to surrender either before the Magistrate Court concerned or before the investigating officer within ten days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.