IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 Bail Appl..No. 3070 of 2010() ----------------------------- (CRIME NO.230/2009 OF KANNAPURAM POLICE STATION, KANNUR DISTRICT) PETITIONER: 14TH ACCUSED -------------------------------- AFSAL.K.P, S/O. ABDUL KAREEM, AGED 22 YEARS, K.P. HOUSE, P.O. CHERUKUNNU, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENT(S): COMPLAINANT -------------------------- STATION HOUSE OFFICER, KANNAPURAM POLICE STATION, KANNUR DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3070 OF 2010 -------------------------------- Dated this the 16th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 332, 353, 447, 427, 506(1) r/w 149 of IPC. According to prosecution, petitioner (A13) along with few others formed into an unlawful assembly and assaulted de facto complainant who is the Circle Inspector and a mobile phone was forcibly snatched away from his possession and destroyed and he was criminally intimidated. This happened near the Police Station by the side of the road. 3. Learned counsel for petitioner submitted that one Riyas, who is a worker of N.D.F was attempted to be arrested by the police and he jumped into river and later, he died. One N.D.F worker was standing on the side of Police Station and the Circle Inspector came to that side. He stopped the vehicle and explained to the NDF worker that rescue operations have been done for searching out Riyas. While so, a group of persons came forward and attacked Circle Inspector. But petitioner is not involved in the offence. He was nowhere in the picture. His name is not mentioned in the FIR. No over tact is alleged against him. He did not use any weapon. Hence anticipatory bail may be granted, it is submitted. B.A No.3070 OF 2010 2 4. This petition is opposed. Learned Public Prosecutor submitted that the allegations made in this case are serious in nature. Petitioner is involved in the crime as revealed from investigation. It is not correct to say that petitioner is falsely implicated. Incident happened when the Circle Inspector returned to the station after making made all arrangements to rescue the N.D.F worker who jumped into the river for evading arrest. N.D.F workers trespassed into the compound of the Police Station being offended by the attempt made to arrest the NDF worker and committed various offences. 5. On hearing both sides, I find that there is only a bare denial of involvement of petitioner in this crime. The allegations made against him are serious in nature. In the above circumstances, I am not satisfied that this is a fit case to grant anticipatory bail. No exceptional circumstances are made out to invoke Section 438 Cr.P.C. The counter allegations made are not probabalised also. Petition is dismissed. K.HEMA JUDGE vdv