IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 6712 of 2008() ----------------------------- CRIME NO. 452/2008 OF PAVARATTY POLICE STATION PETITIONERS/ACCUSED NOS.10, 13 AND 14 --------------------------------------------------------- 1. KABEER, S/O.KUNHIVAPPU, KARAYANGAL HOUSE, PAZHUNNANA, P.O.CHAMMANTHATTA. 2. SIDHIQUL AKBAR, S/O.BEERANKUNJU, ITHIKKAT HOUSE, P.O.MAD, THOTTAP. 3. FYSAL, S/O.IBRAHIM, NALAKATHELANTHARAYIL HOUSE, PAVARATTY, VENMANAD. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANTS --------------------------- 1. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, THRISSUR. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6712 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 120B, 201, 153A, 212, 302 read with section 34 IPC. According to prosecution, on 21-8-2008 at about 9.45 a.m. accused in pursuance of a criminal conspiracy, committed murder of one Biju, on account of political animosity. Accused, thereafter, were harbored by accused 10, 13 and 14 who are petitioners. 3. Learned counsel for petitioners submitted that the only allegation against petitioners is that they harbored accused and they are not involved in any criminal conspiracy. The only offence alleged against petitioners is under section 212 IPC, which is a bailable offence. But, if they surrender, they are likely to be detained in custody since other bailable offences are also involved in this case, including offence under section 302 IPC. Hence, they request for anticipatory bail. 4. Learned Public Prosecutor submitted that as per the instructions, the only offence committed by petitioners is under section 212 IPC, which is a bailable offence and hence anticipatory bail cannot be granted under section 438 Cr.P.C. It is also submitted that petitioners' interrogation is necessary for the BA 6712/08 -2- purpose of investigation. Therefore, no ground exists to grant anticipatory bail, it is submitted. 5. Learned Public Prosecutor also submitted that offence under section 212 IPC is a cognizable offence and police can arrest the accused without warrant. 6. On hearing both sides, it appears that the only offence alleged against petitioners is a bailable offence. Even if there is apprehension of arrest, anticipatory bail cannot be granted, if such apprehension is on commission of a bailable offence. The crime was registered as early as on 21-8-2008 and petitioners are not available for investigation. Hence, petitioners are directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.