IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 4045 of 2009() -------------------------------------- CRIME NO.107/2009 OF NILAMBUR POLICE STATION. .................... APPLICANTS/ACCUSED: -------------------------------------- 1. RAMANCHANDRAN, AGED 38 YRS, S/O.KRISHNANKUTTY,MANGATTIL HOUSE,MARATHINKKADAVU NAMBOORIPOTTY,PO-MOOTHEDAM NILAMBUR TALUK, MALAPPURAM DISTRICT. 2. VIPIN VISWANATH, AGED 22 YRS, S/O.VISWANATHAN,KARUMAMBIL HOUSE,PALLIKUTHU.PO, CHUNGATHARA, MALAPPURAM DISTRICT. 3. P.SABARI GIREESHAN, AGED 36 YEARS, S/O.CHELLI,PADIKKAL HOUSE,CHETTIPADAM-PO,NILAMBUR TALUK, MALAPPURAM DISTRICT. 4. K.M.BABU, AGED 33 YEARS,S/O/MUTHU.K, KONODATH HOUSE,BHOOTHANAM COLONY.PO,AMBUTTANPOTTY, MALAPPURAM DISTRICT. 5. P.G.RADHAKRISHNAN,AGED 44 YEARS, S/O.P.K.GOVINDAN,PULIKKAL HOUSE,SANTIGRAMAM, BHOOTHANAM COLONY-PO,MALAPPURAM DISTRICT. 6. T.V.AJIMON,AGED 24 YEARS,S/O.JOY THOMAS, MODAPOIKA-PO,KAVALAPOIKA,MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2009 ALONG WITH B.A. NO.4032/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos.4032 & 4045 of 2009 ----------------------------------------- Dated this the 30th day of July, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are some of the accused persons in Crime Nos. 106/2009 and 107/2009 of Nilambur Police Station. B.A. No.4032/2009 relates to Crime No.106/2009, while B.A. No.4045/2009 relates to Crime No.107/2009. 2. The offences alleged against the petitioners are under Sections 143, 147 and 283 read with Section 149 of the Indian Penal Code and Section 3(1) of the P.D.P.P Act. 3. The prosecution case is that on 17/02/2009, the petitioners and several others, while conducting a procession, they stopped two K.S.R.T.C Buses and caused destruction to the buses, resulting in loss to the State. 4. Anticipatory bail is a discretionary remedy. K.S.R.T.C. Buses belong to the people. It is a public property. Destruction of Public Property is an offence against the society at large. The courts should not lend their help to the persons who are alleged B.A. Nos.4032 & 4045 /2009 Page numbers to have committed destruction to the public property. Anticipatory bail being a discretionary relief, I am of the view that the culprits in such cases are not entitled to get anticipatory bail. The Bail Applications are accordingly dismissed. K.T. SANKARAN, JUDGE scm