IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2304 of 2010 ----------------------------- CRIME NO.162/2010 OF POTHENCODE POLICE STATION,TRIVANDRUM PETITIONERS/ACCUSED: ---------------------------- 1. ANIL @ KAZHAKKOOTTAM ANIL, S/O.SUKUMARAN, AGED 41 YEARS, MANNANVILA, NETAJI LANE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 2. DINESH @ KAZHAKKOOTTAM DINESH, S/O.VISWAMBARAN, AGED 36 YEARS, ALOOR HOUSE, VAVANA AMBALAM, KAZHAKKOOTTAM, THIRUVANANTHAPURAM. 3. UDAYAN @ CHEMPAZHANTHI UDAYAN, S/O.PARAMESWARAN PILLAI, CHEMPAZHANTHI P.O., TRIVANDRUM. BY ADV. SRI.KRISHNADAS P. NAIR RESPONDENT/COMPLAINANT: -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. K.J. MOHAMMED ANSAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. ---------------------------------------- Bail Application No. 2304 of 2010 ----------------------------------------- Dated this the 16th day of April, 2010 O R D E R This is an application filed under Section 438 of Cr.P.C. seeking anticipatory bail. 2. The petitioners apprehend arrest connected with Crime No. 162/2010 of Pothencode Police Station, Thiruvananthapuram in which offences punishable under Sections 143, 147, 149, 294(b) and 353 of I.P.C. & Section 3(1)of PDPP Act, are involved. 3. The allegation is that there is a dispute between the defacto complainant and the 1st accused regarding the construction of a pathway through the property of the 1st accused and thus the defacto complainant filed a complaint before the SI of Police, Pothencode, thereby the police taken into custody of 10 persons from the locality of the defacto complainant, the petitioners herein along with others questioned the arrest of the local residents in connection with the complaint made by the defacto complainant, thereby the above crime was registered. B.A.No. 2304 of 2010 -:2:- 4. I have heard learned counsel for the petitioners and the learned Public Prosecutor. 5. Having regard to the facts and circumstances involved in the case, especially the gravity of the offences involved and the allegations, I am not inclined to grant anticipatory bail to the petitioners as the same will adversely affect the investigation in the above crime which is now in progress. In the result, I find no reason to grant anticipatory bail to the petitioners by exercising the extra ordinary jurisdiction of this Court under Section 438 of Cr.P.C. Therefore, there is no merit in this petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE ttb