IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3865 of 2008() ----------------------------- CRIME NO. 63/2008 OF NEDUMANGAD POLICE STATION PETITIONER/ACCUSED ---------------------------------- ARUN, S/O.BABY, KANJIRAVILAKATHU VEEDU, MANAKODU, PAZHAKUTTY P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, NEDUMANGAD POLICE STATION, NEDUMANGAD, THIRUVANANTHAPURAM. 2.STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3865 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2008 O R D E R Application for anticipatory bail 2. The alleged offence is under section 395 IPC. According to the prosecution, the petitioner and others committed the offence against the defacto-complainant. Certain amounts, mobile phone, A.T.M. Card etc. were forcibly taken away from the defacto-complainant. 3. The learned counsel for the petitioner submitted that the case put up by the defacto-complainant itself is highly improbable going by the narration in the First Information Statement. It is pointed out that co- accused were granted bail. The learned counsel for the petitioner submitted that the petitioner is prepared to abide by any condition and he will co- operate with the investigation. The learned counsel for the petitioner also submitted that the petitioner is ready to surrender before the Magistrate. He may do so, if so advised. 4. The learned Public Prosecutor submitted that recovery of A.T.M. Card etc. is to be effected and some amount is also to be recovered. Petitioner is the 1st accused and he is required for custodial interrogation. BA 3865/2008 -2- On haring both sides, I am satisfied that it is not fit to grant anticipatory bail. The application is dismissed. K. HEMA, JUDGE. mn.