IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 7023 of 2008() ----------------------------- (CRIME NO.359/2008 OF NEDUMKANDAM POLICE STATION) PETITIONERS/ACCUSED 1-2 ------------------------------------------- 1. N E SALIM, AGED 47 YEARS, S/O ISMAIL, NELLIMALAYIL, MALABAR CHIPS, NEDUMKANDAM.P.O, NEDUMKANDAM. 2. AJITH KUMAR, AGED 30 YEARS, S/O RADHAKRISHNA KURUP, AMBADI VEETTIL, NEDUMKANDAM KARA, KALKUNTHAL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEDUMKANDAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.(INVESTING OFFICER IN CRIME NO. 359/2008 OF NEDUMKANDAM POLICE STATION) PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7023 of 2008 --------------------------------------------------- Dated this the 17th day of November, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 294(b), 353, 506(1) read with 343 of IPC. According to prosecution, petitioners abused de facto complainant in obscene language and also criminally intimidated him and obstructed him from discharging his official duty and used criminal force, in furtherance of common intention. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. The de facto complainant complainant had enmity towards fist petitioner since he was cited as a witness to an incident in which de facto complainant (Sub Inspector) assaulted one Murali. The said Murali was assaulted in public and this incident was witnessed by several other persons also. Sri. Murali gave a complaint to higher authorities in which first petitioner was cited as a witness. Because of this, the Sub Inspector, came to the house of first petitioner and abused him and also inspected his shop and took away the gas cylinder from the bakery on the pretext that it was intended to be used for domestic purpose but it was used illegally on the bakery. The incident was witnessed by several persons in the locality and all of them intervened but the Sub Inspector did not heed to any of the request made by them. All these facts are mentioned in Annexure A2 paper report. If the petitioners are arrested, it is likely that they will be harassed by [B.A.No.7023/04] 2 the police and hence, anticipatory bail may be granted, it is submitted. It is also submitted that Sub Inspector has not sustained any injury. First petitioner is a businessman conducting a bakery. He is also the President of Vyapari Vyavasai Samathi. 4. Learned Public Prosecutor opposed this bail application and submitted that, as per the allegations, criminal force was used by accused against de facto complainant while the latter attempted to take away the gas cylinder. Therefore, it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides and on going through the documents produced, I find that petitioners have a strong arguable case which can be established only at the time of evidence. In the meantime, if anticipatory bail is refused, it is likely that he will suffer irreparable injury and loss. Hence, the following order is passed: 1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today and they shall be released on bail on their executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: i) They shall make themselves available for interrogation as and when directed and co- operate with the investigation. ii) They shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. Petition is allowed. K. HEMA, JUDGE. Krs.