IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Bail Appl..No. 5870 of 2008() ----------------------------- CRIME NO.1092/08 OF ANGAMALI POLICE STATION .................... PETITIONER : -------------------- SUNNY, AGED 24 YEARS, S/O. VARGHESE, NETTIKKADAN HOUSE, THURAVOOR.P.O, ANGAMALY. BY ADV. SRI.C.K.ABDUL RAHIM RESPONDENT : --------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, ANGAMALI POLICE STATION (REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5870 of 2008 ------------------------------------------------- Dated this the 24th day of September, 2008 O R D E R Application for anticipatory bail. 2. Petitioner is the first accused in the crime. The alleged offence is under Section 395 IPC. According to prosecution, on 21.7.2008, at about 1 a.m., petitioner along with other accused (total 5 in number) allegedly committed dacoity, assaulted the defacto complainant and Rs.4,300/- was snatched away from his pocket. Weapon was also used by the first accused to commit the offence. Defacto complainant was injured and he was hospitalised. 3. Learned counsel for the petitioner submitted that the cases of the second and the third accused were considered as per order dated 3.9.2008 in B.A.Nos.5083 & 5119 of 2008 by this Court. The incident did not occur as alleged. Petitioner is falsely implicated due to political rivalry. Defacto complainant is a Tamilian, who is a Septic Tank cleaner. Neither the petitioner nor his companions were known to him and as well the names BA No.5870/08 2 are shown in the First Information Statement, at the instance of interested persons. 4. Learned public prosecutor submitted that since anticipatory bail is granted to the other accused, petitioner who is also in same position of the other accused, he is not opposing the bail application. However, petitioner had used a weapon and he will be required for the purpose of effecting recovery. Hence, petitioner may be directed to appear before the Investigating Officer for interrogation and co-operate with the investigation. 5. On hearing both sides, I find that the circumstances under which the crime was registered and the various contentions raised by the co-accused, who are also similarly placed, were considered in detail by me in the order dated 3.9.2008 in B.A.Nos.5083 & 5119 of 2008. Hence, I am not considering the contentions once again. I am satisfied that the petitioner has to be granted anticipatory bail. At the same time, I must ensure that an opportunity is given for interrogation of the petitioner by the police. Hence, the following order is passed: (1) Petitioner shall surrender before the Magistrate Court BA No.5870/08 3 concerned within seven days from today and if any bail application is filed, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. (ii) Petitioner shall co-operate with the investigation. The application is allowed. K.HEMA, JUDGE csl