IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Bail Appl..No. 3564 of 2010() ----------------------------- CRIME NO.513/2010 OF ELOOR POLICE STATION (S): IST ACCUSED ------------------------------- SUJESH, AGED 23 YEARS, S/O. RAMAKRISHNAN, KURUPPASSERY HOUSE, PALLIPURAM CHALIL, ELOOR NORTH, ELOOR VILLAGE. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3564 of 2010 ---------------------------------------------- Dated 30th June, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 353, 323, 294(b) and 506(i) read with Section 34 of the Indian Penal Code. According to prosecution, on 18.5.2010 at about 10.30 a.m., defacto complainant who is a meter reader attached to the KSEB, came to the building, wherein first accused was conducting an electronic repairing centre, for recording meter reading, while first accused (petitioner) caught hold of his neck and he was pushed down and thereby obstructed defacto complainant from discharging his official duty. The second accused criminally intimidated defacto complainant and uttered obscene words to him over telephone. 3. Learned counsel for petitioner submitted that petitioner was conducting an electronic service centre and the KSEB disconnected the electricity connection to the building on 25.3.2010 and hence, a writ petition was filed before this court, challenging illegal disconnection. In the said writ petition, KSEB admitted that the electricity was disconnected. Therefore, there was no necessity for recording the meter reading and the BA NO. 3564/10 2 allegations made are absolutely false. No incident as alleged occurred, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that a statement of the Assistant Engineer will go to show that though the electricity was disconnected, in the case of certain consumers, once in two months, the meter reading has to be taken and defacto complainant belong to such category of consumer. 5. On hearing both sides and considering the serious nature of the allegations made, I do not think that this is a fit case to grant anticipatory bail. This court cannot proceed on the asserted improbability of the allegations made in the absence of any material, at this stage. It is not understood why defacto complainant should give a false complaint. The defacto complainant was not a party to the writ petition also. Petition is dismissed. K.HEMA, JUDGE. tgs