IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 Bail Appl..No. 3349 of 2008() ----------------------------- CRIME NO. 185/2008 OF S.BATHERY POLICE STATION PETITIONERS/ACCUSED NOS.1 & 2 ---------------------------------------------- 1. MUHAMMED RIYAS, AGED 32 YEARS, S/O.HIDAR ALI, VARODAN HOUSE, RESIDING AT KAIPANCHERY, S.BATHERY VILLAGE. 2. FIROZ, AGED 32 YEARS, S/O.ABOO, HALIYEKKAL HOUSE, RESIDING AT MULLANKUNNU, S.BATHERY VILLAGE. BY ADV. SRI.M.T.BALAN SMT.B.VIJUBALA RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3349 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2008 O R D E R Application for anticipatory bail. 2. Petitioners are accused 1 and 2 in the crime. The alleged offence is under section 395 IPC. According to the prosecution, the defacto- complainant and his friend were travelling in a motor cycle and when they reached at the place of occurrence, petitioners and other accused came in two motor cycles and omni van and manhandled him. They also snatched away the cash bag and threatened the defacto-complainant to do away with him. 3. The learned counsel for the petitioners submitted that this is a false case registered due to animosity developed. The offence actually involved is only under sections 323, 324 IPC, etc. To make it a non-bailable offence, section 395 is included. There is a quarrel between two teams in a volley ball match and an incident occurred, but it is not so serious as alleged. The co-accused are granted bail by the court below. 4. The learned Public Prosecutor submitted that the petitioners may be directed to seek remedy before the court below itself. On hearing both BA 3349/08 -2- sides and considering the facts and circumstances of the case, I find that similarly placed accused are granted bail and hence there is normally no reason why bail should be refused to other accused. The petitioners may approach the Magistrate Court concerned and seek appropriate relief. But, I am not inclined to grant anticipatory bail in this nature, though no recovery is involved. The application is disposed of accordingly. K. HEMA, JUDGE. mn.