IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 6031 of 2008() ----------------------------- CRIME NO. 196/2008 OF PANNIYANKARA POLICE STATION PETITIONER/ACCUSED:- -------------------------------------- C.P.M.KHALEEL, S/O. UNNIMOYIN, AGED 56 YEARS, THAYYIL HOUSE, CHAKKUMKADAVU P.O., KALLAI, KOZHIKODE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. 2. THE STATION HOUSE OFFICER, PPANNIYANKARA POLICE STATION, KOZHIKODE. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6031 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 2(b)(i) of the Prevention of Insult to National Honour Act. According to prosecution, petitioner who is the Block Coordinator of Balavedi, a registered association established for the purpose of all round development of the children hoisted the national flag in the reverse order. This occurred on 15-8-2008 and on a complaint made, a crime was registered against him. 3. Learned counsel for petitioner submitted that there is absolutely no intention for the petitioner to commit the offence. The flag was hoisted in the presence of 200 persons and it was done in a correct way, but later somebody with intention to create problem to petitioner committed some mischief and complaint was lodged by some ill-motivated persons. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and it is not a fit case to grant anticipatory bail. 5. Learned Public Prosecutor submitted that the incident occurred as early as on 15-8-2008 and petitioner was not available for interrogation by police for the past about two BA 6031/08 -2- months. Learned Public Prosecutor also submitted that there will not be any torture or ill-treatment or harassment from the side of the police. 6. On hearing both sides , considering the nature of the allegations made, I do not find that is is not fit to grant anticipatory bail. Though personal motives are attributed against persons for foisting a false case, there are only vague allegations and assertions on the side of petitioner. Only because petition is filed for anticipatory bail, powers under section 438 Cr.P.C. cannot be invoked. Petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE. mn.