IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Bail Appl..No. 4726 of 2008() ----------------------------- CRIME NO. 210/2008 OF VAZHAKKAD POLICE STATION PETITIONERS/ACCUSED NOS.2 TO 4 ----------------------------------------------- 1. MUHAMMED BASHEER, S/O.ISMAIL, NARAMKUZHIYIL HOUSE, MUNDUMUZHI, VAZHAKKAD, MALAPPURAM DISTRICT. 2. NIZAR, S/O.ABBAS, THEKKINAKATH HOUSE, MUNDUMUZHI, VAZHAKKAD, MALAPPURAM DISTRICT. 3. ABDU RAHIMAN, S/O.MUHAMMED, PULIYANKAVIL HOUSE, MUNDUMUZHI, VAZHAKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VAZHAKKAD POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4726 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 511 of 379 read with section 34 IPC . Petitioners are accused 2 to 4 in the crime. According to the prosecution, on 14-7-2008 at 3.00 a.m. the petitioners allegedly attempted to cut and remove sandalwood trees standing in the property of the defacto-complainant. 3. Learned counsel for the petitioner submitted that it would not have been possible to identify the accused who were running away at about 3.00 a.m. in the light of a torch. The allegations is that the accused were identified in the light of the torch. Therefore, petitioners request for anticipatory bail. 4. Learned Public Prosecutor opposed this application and submitted that the defacto-complainant and other persons had come to the scene and found the accused at the scene. One of such persons was apprehended and he was produced before the police also. The names of the petitioners are mentioned in the First Information Statement itself. 5. On hearing both sides, in an offence of this nature, I do not find it BA 4726/08 2 fit to grant anticipatory bail, especially since the petitioners were allegedly identified by various persons at the scene itself and the 1st accused was arrested from the spot. The application is dismissed. K. HEMA, JUDGE. mn.