IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Bail Appl..No. 6385 of 2008() ----------------------------- CRIME NO.130/08 OF POZHIYOOR POLICE STATION PETITIONER/IST ACCUSED ------------------------------------------ JOY, S/O.JOHNSON, AGED 23 YEARS, PALAVILA KOOTTUVILAKOM VEETTIL, KOLLAMKOD VILLAGE, VILAVAMKODE TALUK. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6385 of 2008 --------------------------------------------------- Dated this the 23rd day of October, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences under Sections 379 and 34 of IPC. According to prosecution, on 2.9.2008, while the de facto complainant was walking along the road, the petitioner (A1) along with another (A2) came in a motor cycle and the petitioner, who was the pillion rider, snatched a chain from the de facto complainant's neck. The 2nd accused was arrested and involvement of the first accused was revealed. 3. Learned counsel for petitioner submitted that the petitioner is falsely implicated in the offence. Petitioner has nothing to do with the first accused or the motorbike. The registered owner of the motorbike is not made a party. There is a dispute between the registered owner of the vehicle and the petitioner in connection with money transaction. Second accused was the friend of the R.C owner. When first accused was arrested, the registered owner wanted the name of petitioner to BA.6385/08 2 be implicated as the accused and accordingly, petitioner's name was mentioned by the co-accused. Except the confession statement, there is nothing to implicate the petitioner. 4. This petition is opposed. Learned Public Prosecutor submitted that the R.C owner was questioned by the police and he had gone to the victim. It was stated by the victim that the R.C owner was not the culprit. As per the statement of the R.C owner, the petitioner is his friend, who had requested him to give the bike and accordingly he had given the bike to the petitioner and he used the same for commission of the offence. Petitioner is required for interrogation and identification by the victim and witnesses and in an offence of this nature, it may not be proper to grant anticipatory bail to the petitioner. 5. On hearing both sides, I find that the only bare assertions are made to support the defence case. There is no supporting materials. No circumstance is pointed out to accept the defence version. In such circumstances, I am not inclined to grant anticipatory bail in an offence of this nature, especially since petitioner is required for identification and interrogation by the police. BA.6385/08 3 Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.