IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5651 of 2008()
1. K.RAGHAVAN, S/O. KRISHNAN, BILL
... Petitioner
2. P.HARIDASAN, S/O. ACHUTHAN,
3. P.MOHANDAS, S/O. ACHUTHAN, AGRICULTURIST
4. P.RAJAN, S/O. ACHUTHAN, BUS CLEANER,DO
5. VACHALI PREMAN, S/O. KUNHIRAMAN,
6. THENIYADAN VINODAN, S/O. VIJAYAN,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :31/10/2008
O R D E R
K.HEMA, J.
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B.A.No.5651 of 2008
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Dated this the 31st day of October, 2008
O R D E R
This petition is for anticipatory bail.
2. According to prosecution, petitioners, six in number,
formed into an unlawful assembly and wrongfully restrained the
Forest Officials. They came for seizing the meat of wild pig,
which was kept behind the house of first accused. The defacto
complainant, who is a Forest Official, was wrongfully restrained
and criminal force was used for deterring him from discharging
his official duty as a public servant. The incident occurred on
10.8.2008.
3. Learned counsel for petitioners submitted that
petitioners are falsely implicated. They are residing close to the
forest and wild animals are attacking their houses. Hence,
several complaints were made to the Forest Officials to do
something in the matter. Because of this, Forest Officials had
enmity towards the people of the locality and they falsely
implicated A1 to A6 in an offence of this nature.
4. This petition is opposed. Learned public prosecutor
submitted that this is a clear case where criminal force was used
BA No.5651/2008 2
against the Forest Officials to deter them from discharging the
official duty and another case was registered for hunting the
wild pig etc. and this is not a fit case to grant anticipatory bail.
The pig-meat which was kept in a bucket in the back side of A1’s
house were thrown to a stream, on seeing the officials and they
were restrained when an attempt was made to seize the meat.
Only a very small portion could be seized.
5. On hearing both sides, I find that in an offence of this
nature, considering nature of allegations made, it is not proper
to grant anticipatory bail. The incident occurred as early as on
10.8.2008 and for the past more than 2= months, petitioners
were not available for arrest or investigation.
Hence, petitioners are directed to surrender before
the Investigating Officer or before the learned
Magistrate within ten days from today and co-operate
with the investigation.
With this direction, this petition is dismissed.
K.HEMA, JUDGE
csl