IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 9452 of 2011() ----------------------------- CRIME NO.731/2011 OF MANGALAPURAM POLICE STATION THIRUVANANTHAPURAM PETITIONERS/ACCUSED NOS 4&5 : -------------------------------- 1. NAJUMMA, W/O.SHOUKATH, AGED 40 YEARS, MYNAKOM, MOHANAPURAM, POTHENCODE P.O., THIRUVANANTHAPURAM. 2. SHAMEERA, W/O.SHAMNAD, AGED 20 YEARS, DO. DO. DO. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9452 of 2011 ---------------------------------------------- Dated this the 01st day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.4 and 5 in Crime No.731 of 2011 of Mangalapuram Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 341, 332, 324, 308 & 353 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is the following:- Accused No.3 (Shamnad) is involved in several cases. The Sub Inspector of Police, Mangalapuram Police Station was directed to arrest Shamnad. On 19/09/2011, the Sub Inspector of Police went to the house of Shamnad in order to arrest him. The Sub Inspector of Police and party were not allowed to arrest Shamnad and the police personnel were restrained by the inmates of the house of Shamnad, who are accused in the present case. The Assistant Sub Inspector of Police was informed over phone that the Sub Inspector of Bail Appln.No.9452/2011 : 2 : Police and party were restrained by the accused. The Assistant Sub Inspector of Police and Party including Women Police Constables came to the scene of occurrence. The Assistant Sub Inspector of Police was attacked with a sword by accused No.1. The Assistant Sub Inspector of Police sustained injuries. He fell down unconscious. Even the Women Police Constables were attacked by the accused. Some how or other the police party could manage to arrest accused No.3. While he was being taken to the Police Station, the police jeep was intercepted by the accused by parking a car in front of the jeep. 4. It is submitted by the learned Public Prosecutor that Shamnad, who was sought to be arrested by the Sub Inspector of Police is involved in several crimes involving the offence of counterfeiting of Indian Currency and theft. 5. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial Bail Appln.No.9452/2011 : 3 : interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj