IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 Bail Appl..No. 7938 of 2008() ----------------------------- (Crime No. not known) ............... PETITIONER: --------------- MATHEW THOMAS, S/O.THOMAS, AGED 50 YEARS MOLOPARAMBIL HOUSE, POOVARANY P.O., KOTTAYAM DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ================== B.A.No. 7938 of 2008 ================== Dated this the 9th day of January, 2009 O R D E R The petition is for anticipatory bail. 2. The alleged offences are under Sections 447, 379, 506 (1), 188(3)(4) IPC According to the prosecution, petitioner along with two others trespassed into the property belonging to the defacto complainant and removed coconut shell which was kept for collecting latex illegally and this is in violation of the order passed by the Civil Court restraining the petitioner from trespassing into the property. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner is a business man and if there is any violation of injunction, the party could have moved to the Civil Court. But, no such petition is filed before the Civil Court. The police is harassing by being informed by the defacto complainant. Petitioner is prepared to abide by any conditions. Hence, anticipatory bail may be granted, it is submitted. 4. Learned public prosecutor submitted that in the nature B.A.No. 7938 of 2008 -2- of allegations made, it is not proper to grant anticipatory bail. 5. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor and no special circumstance is made out to invoke the provision under Section 438 of Code of Criminal Procedure. Petitioner must be required for recovery of the stolen article, for which the interrogation must be required. The crime is registered as early as on 9.12.2008. Petitioner shall surrender before the investigating officer and co-operate with the investigation without any delay and whether he surrenders or not, the police is at liberty to arrest the petitioner and proceed in accordance with law. The Petition is dismissed. K.HEMA, JUDGE rhs