Kerala High Court
C.M.Subheesh vs Sub Inspector Of Police on 31 May, 2010
Author: K. Hema
Bench: K.Hema
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2761 of 2010()
1. C.M.SUBHEESH, S/O.SUDHAKARAN,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :31/05/2010
O R D E R
K. HEMA, J
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B.A.No.2761 OF 2010
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Dated this the 31st day of May, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under sections 353, 333 r/w 34 IPC. According to prosecution, certain persons were engaged in gaming and the police party could arrest only one person. Petitioner and another person were found standing nearby and they were identified as persons involved in the gaming. Police tried to arrest petitioner, while police constable was assaulted by petitioner. He punched on his nose and he sustained a fracture on nasal bone and other injuries. The incident happened on 7.3.2010 at 10.30 pm.
3. Learned counsel for petitioner submitted that defacto complainant was not on uniform and the petitioner thought that he was a gunda. Second accused was already released on bail.
4. This petition is opposed. Learned public prosecutor submitted that defacto complainant and the police party were on duty in connection with a temple festival and the police constable B.A. No.2761 2 sustained grievous hurt.
5. On hearing both sides, considering the serious nature of allegations made and the injury sustained by defacto complainant, I find that this is not a fit case to grant anticipatory bail.
This petition is dismissed.
K. HEMA, JUDGE.
Sou.