IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 Bail Appl..No. 5991 of 2009 CRIME NO.517 OF 2009 OF PAYYANNUR POLICE STATION, KANNUR. PETITIONER/ACCUSED -------------------------------------- SATHEESAN V.P., AGED 42 YEARS, S/O.K.KUNHAMBU PODUVAL, KARAYIL, ANNUR P.O., PAYYANNUR (VIA), KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN RESPONDENTS: COMPLAINANT -------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, (CRIME NO.517/2009) PAYYANNUR, KANNUR. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5991 OF 2009 ------------------------------------------------------ Dated this the 18th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.517 of 2009 of Payyannur Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 143, 147, 448, 353, 323, 294(b) and 506(i) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the accused illegally entered into the office of the Superintendent of Surveys, abused the lady staff in filthy language, threatened the staff and later manhandled the Surveyor. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of B.A. NO. 5991 OF 2009 :: 2 :: Criminal Procedure. If anticipatory bail is granted to the petitioner, it would not only affect the proper and smooth investigation of the case but it would affect the morale of the public servants on duty. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/