Sreehari P v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 Bail Appl.No. 3450 of 2015 ------------------------------------ CRIME NO.487/2015 OF CHEVAYUR POLICE, KOZHIKODE ..........

PETITIONER(S)/ACCUSED NO.2 TO 5:

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1. SREEHARI P., AGED 35 YEARS, S/O.LATE VALSAN P., PERUNTHALERI PARAMBA, PARAMBI BAZAR, PARAMBIL P.O., KOZHIKODE 673 012.

2. AJITH KUMAR V., AGED 28 YEARS, S/O.VALSAKUMAR, VALLISSERY HOUSE, CHEVARAMBALAM P.O., KOZHIKODE.

3. NISHANT, AGED 28 YEARS, S/O.RAMUNNI NAIR, KOTTATHODI HOUSE, MANAKKADAVU, PATHEERANKAVU P.O., KOZHIKODE.

4. PRABEESH, AGED 35 YEARS, S/O.PREMARAJAN, KADEKKANARI HOUSE, CHEVARAMBALAM P.O., KOZHIKODE.

BY ADV. SRI.DEVAPRASANTH.P.J.

RESPONDENT(S)/COMPLAINANT:

------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN 682031, REPRESENTING SHO, CHEVAYUR POLICE STATION, PIN - 682 031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

K. ABRAHAM MATHEW, J.

==================== B.A.No. 3450 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioners are alleged to have committed the offences under Sections 143, 147, 341, 325, 332 and 427 read with Section 149 IPC. The prosecution case is that two Police Constables were patrolling the area in which the occurrence took place on a motor cycle in civil dress, when they noticed the petitioners consuming liquor in a shed on the side of the public road. The police officers disclosed their identity and questioned the petitioners, thereupon they assaulted the Police Officers and tore off their shirts. 3.

Heard.

4.

The petitioners not only consumed alcohol at a public place, but also assaulted the police officers who questioned it. They were challenging the authority of the State. Such persons are not entitled to anticipatory bail irrespective of the seriousness of the injuries sustained by the victims.

In the result, this application is dismissed.. T Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge