IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 2448 of 2010() ------------------------------------------ CRIME NO.146/2010 OF NALLALAM POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED --------------------------------------- 1. K.RAFI, S/O.SAIDALAVI, AGED 35 YEARS, KAVUNGAL HOUSE, P.O.CHERVUVANNUR. 2. K.T.SIDDIQUE, S/O.MUHAMMED, AGED 33 YEARS, KAZHUMGUMTHODAN HOUSE, P.O.CHERUVANNUR. 3. MUJEEB.M, S/O.MOIDEEN KOYA, AGED 34 YEARS, KAZHUMGUMTHODAN HOUSE, P.O.CHERUVANNUR. 4. M.SALIM, S/O.MOIDEEN KOYA, AGED 30 YEARS, MANNARATTIL HOUSE, P.O.CHERUVANNUR. 5. SUIDDIQUE PAPPADAN.P.P., S/O.HAMSA HAJI, AGED 30 YEARS, PAPPADAN HOUSE, P.O.CHERUVANNUR. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.2448 OF 2010 ----------------------------------- Dated this the 28th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under sections 143, 147, 341, 323, 353, 294(b) r/w 149 IPC. According to prosecution, petitioners formed into an unlawful assembly and caused hurt to defacto complainant who is a Panchayat President. He was also abused in obscene language in public. 3. Learned counsel for petitioner submitted that there is no injury to defacto complainant. Offence u/s 353 IPC is the only non-bailable offence, but it is not attracted in this case, it is submitted. 4. Learned public prosecutor submitted that charge sheet is already laid and as per the allegations made, defacto complainant was proceeding in a motor cycle and it was intercepted by petitioners. But, the assault was made B.A. No.2448/10 2 while he was going for a private function. 5. On hearing both sides and on going through the allegations made, I find that this is not a fit case to grant anticipatory bail. However, it appears that alleged offences were committed not while defacto complainant was on his official duty as a public servant, ought to prevent or deter him from discharging his duty. Hence the following order is passed: 1) Petitioner shall appear before the investigating officer or Magistrate court concerned within seven days from today and co-operate with investigation. 2) If the petitioner surrender within such time, offence u/s 353 IPC will be treated as not included, for purpose of bail. This petition is dismissed. K. HEMA, JUDGE. Sou.