IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2114 of 2010() ------------------------------------------- (CRIME NO.73/2010 OF VALAPATTANAM POLICE STATION, VALAPATTANAM, KANNUR DISTRICT) .................... PETITIONER/ACCUSED NO.2: --------------------------------------------- P.SURESH BABU,S/O.GOVINDAN, AGED 50, POOKKULAYAN HOUSE,CHIRAKKAL P.O.,PANANKAVU, KANNUR. BY ADVS. SRI.SUNIL NAIR PALAKKAT, SRI.K.N.ABHILASH. RESPONDENT(S): STATE & COMPLAINANT: ------------------------------------------------------------------ STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER VALAPATTANAM POLICE STATION, VALAPATTANAM. (THROUGH PUBLIC PROSECUTOR OF HIGH COURT OF KERALA ERNAKULAM) BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No. 2114 of 2010 ------------------------------------ Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 332 and 353 read with Section 34 of the Indian Penal Code. According to prosecution, first accused, who is the son of petitioner(A2) is involved in another crime. The police party came to his house for arresting first accused while petitioner and the first accused resisted the arrest and assaulted the police officials. On a complaint made by the Additional Sub Inspector of Police, crime was registered against them. 3. Learned counsel for petitioner submitted that when the police party came to the house of first accused and tried to catch hold of first accused, it was resisted by petitioner without knowing that they are police officials. But later, on knowing their identity, petitioner moved off and first accused was arrested from the spot. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a case where police officials were B.A. No. 2114 of 2010 2 assaulted by the petitioners to rescue first accused from arrest. 5. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioner was not able to probabilise his contrary version about incident. This petition is dismissed. K. HEMA, JUDGE ln