IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 Bail Appl..No. 4264 of 2008() ----------------------------- CRIME NO.130/08 OF POOVAR POLICE STATION PETITIONERS: ACCUSED 1 TO 3 --------------------------- 1. GOPAN, AGED 39, S/O. SREEDHARAN NAIR VISHAK VEETTIL THIRUPURAM BUREAU JUNCTION THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. 2. SOORYAKANTH, AGED 48, S/O.DASSAN NADAR PUNNANINNA VEETTIL, NEAR BY PUTHENKADA SCHOOL THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. 3. GOPI, AGED 45,S/O. NANUKUTTAN NADAR ASWATHY BHAVAN, MEKKE PULIKKAVILAKOM, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. BY ADV. SRI.R.T.PRADEEP RESPONDENT: COMPLAINANT ------------- STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- Bail Application No.4264 of 2008 ------------------------------------------------- Dated this the 29th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, the third accused was arrested in connection with a crime and he was in the police station. At that time, the first accused and 40 persons who were arrested in connection with another crime were brought to the police station. A1 and others forcibly took A3 out of the police station. The Sub Inspector who attempted to prevent the escape while he was pushed of and criminal force was used against him. The third accused was rescued from the police station from the custody of the police. A crime was registered under Sections 353, 225(B) and 34 IPC against the petitioners who are accused nos. 1 to 3. 3. Learned counsel for the petitioners submitted that things did not transpire in the manner as alleged by the prosecution. The third accused was attacked by CPM activists and he was in the hospital on 16.6.2008. He was discharged only after three days. When the doctor was examining him, BA No.4264/08 2 again the CPM workers came to the hospital and attacked the third accused. The doctor intervened while a group of people and the police also came there and the doctor explained that when he is examining a patient, the police cannot intervened etc. Out of the enmity, this case is falsely filed against the petitioners and nothing of the sort as alleged had happened in the police station. The third accused had sustained injuries and the wound certificate is produced. 4. This petition is opposed. Learned public prosecutor submitted that it may not be proper to grant anticipatory bail in an offence of this nature. 5. On hearing both sides, I am not impressed by the plea of innocence advanced by the learned counsel for the petitioners. At this stage of investigation, it is not possible to conclude that the petitioners are not guilty of the offence alleged and also, I do not find any extraordinary circumstance to allow anticipatory bail. The petition is dismissed. K.HEMA, JUDGE csl