IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6339 of 2008() ----------------------------- CRIME NO. 261/2008 OF NEYYATTINKARA POLICE STATION PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. M.S.ANIL, SANKARA VILASOM VEEDU, MARAYAMUTTOM DESOM, PERUMKADAVILA VILLAGE, NEYYATTINKARA TALUK. 2. MARAYAMUTTOM SURESH, MELVILAKATHU VEEDU, CHAIKKOTTUKONAM P.O., NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6339 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section. According to the prosecution, one Lawrence died on consumption of “arishtam” given by one Sasi. A crime was registered under section 174 Cr.P.C. When the police came to conduct inquest on the body of Lowrence at mortuary of the hospital, the people of the locality gathered there and insisted that the inquest should be done only by the R.D.O. and caused obstruction to the Sub Inspector of Police in discharging his official duty. Therefore, a crime was registered against petitioners and others. Petitioners are accused 1 and 2. The incident occurred on 26-5-2008. 3. Learned counsel for the petitioner submitted that 1st petitioner is the President of a Co-operative bank and 2nd accused is his brother. The deceased Lowrence is a member of the bank. He died due to the “arishtam” given by one Sasi. The inquest was seen being conducted by a police officer who is very close to Sasi was supporting Sasi. Petitioners insisted that R.D.O. should BA 6339/08 -2- conduct the inquest, since police official who was supporting Sasi was likely to manipulate the records. This was not to the liking of police. Asst. Superintendent of Police came to the spot and 1st petitioner was manhandled. He was hospitalized in the same hospital as evidenced by wound certificate Annexure-B. Petitioners had not committed any offence except insisting the inquest to be conducted legally. 4. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail to petitioners, but condition may be imposed. 5. I am also satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed:- (1) Petitioners shall surrender before the Investigating Officer within seven days from today and they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the learned Magistrate, on the following conditions:- i) Petitioners shall make themselves BA 6339/08 -3- available for interrogation by the Investigating Officer as and when directed. ii) Petitioners shall report before the Investigating Officer and co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.