O R D E R

These petitions are for anticipatory bail.

2. The alleged offences are under Section 2 of the Prevention of Insults to National Honour Act, 1971 read with Section 2(b) and 2(e) of the Prevention of Insults to National Honour (Amendment) Act, 2003 and Section 509 of the Indian Penal Code. Petitioner in B.A.No.6697 of 2008 is first accused and petitioners in B.A.No.6710 of 2008 are accused 3 and 4 in the same crime.

3. First accused is an owner of a jewelery and fourth accused is a designer and third accused is proprietor of an advertising agency. According to prosecution, in an advertisement of one jewelery by name 'Lakshmi Jewelery', which appeared in the 'Mathrubhoomi' Malayalam daily dated 15.8.2008, a photograph of a woman was exhibited, in which the woman used the Indian National Flag, as the garment. This, according to prosecution, attracts offences under the above Sections.

4. Learned counsel for petitioners submitted that the offences alleged in this case will not be attracted on the facts of this case. Only three colours are used in the advertisement which may tally BA.6697 & 6710/08 2 with the colours in the Indian National Flag. But, mere using of three colours cann