IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Bail Appl..No. 4375 of 2008(F) ---------------------------------------- CRIME NO.653/2008 OF THE KOLLAM EAST POLICE STATION PETITIONER/ACCUSED : ---------------------------------- ANILKUMAR @ JINDAN ANI, AGED 29 YEARS, S/O.THULASEEDHARAN VIDHYA BHAVANAM, ASRAMAM P.O., KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT/COMPLAINANT : -------------------------------------------- STATE OF KERALA REPRESENTED THE SUB INSPECTOR OF POLICE, KOLLAM EAST POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4375 OF 2008 ------------------------------ Dated this the 16th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 160, 353, 332, 294(b) and 34 IPC. According to the prosecution on 13.06.2008 while the Sub Inspector of Police and the police party were on patrol duty and when they reached near a bar, there was a commotion. They found 4 persons engaged in a scuffle. The police tried to settle the issue while one of them fisted on the chest of a Police Constable and showered abuses on the police. When the S.I. of Police tried to help the Police Constable, he was also assaulted. Two persons were arrested from the spot and others escaped. The 1st accused was taken to the hospital. A crime was registered on the statement given by the S.I. of Police. 3. Learned counsel for the petitioner submitted that the petitioner had gone to the bar and came out from the bar and while they were standing by the side of the bar, the S.I. and police party came along the way, and made some enquiries with them. He insisted that they should be taken for blood test, since they had B.A.4375/2008 2 consumed liquor. They resisted the move by stating that they are not driving any vehicle or committing any offence. This infuriated the Police and there was an altercation. The petitioner was taken by force and he was brutally assaulted at the Police Station and since his condition was very bad, he was taken by the Police himself to the hospital. It is only with a view to shield a complaint from the side of the petitioner, that a false case has been foisted against the petitioner, it is submitted. 4. This petition is opposed. It was submitted that the entries in Annexure A1, wound certificate itself would show that there was an attempt to assault the police in front of the bar. In a case of this nature, it may not be proper to grant anticipatory bail, it is submitted. 5. I have heard both sides and perused the documents. As per Annexure A2, medical record, an allegation was made that there was an assault by Police. The patient had complaint of abdominal pain, breathlessness, haemetueia etc. In Annexure A1, the petitioner was taken to the doctor by the S.I. of Police. The history and alleged cause of injuries recorded in Annexure A1 are recorded as follows:- B.A.4375/2008 3 “ It is needless to say that the doctor would ascertain how the injured sustained the injury and it is only natural for the patient to disclose how he sustained the injury. But curiously, nothing is stated in Annexure A1, how he sustained the injury. On the other hand it is stated in the relevant column that there was an attempt to attack the police. 6. On hearing both sides and on going through the documents produced, I find that the apprehension of arrest and probable harassment cannot be ruled out. Hence, it is only just and proper that anticipatory bail is granted to the petitioner on conditions. Hence the following order is passed:- The petitioner shall surrender before the Magistrate Court concerned within 7 days from today and if any bail application is filed, the court shall release the petitioner on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the B.A.4375/2008 4 learned Magistrate on the condition that the petitioner shall appear before the Investigating Officer on every alternate Sunday between 10 a.m. and 1 p.m. until further orders. The petition is allowed. K.HEMA, JUDGE pac