IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Bail Appl..No. 6692 of 2008() ----------------------------- MP.2243/2008 OF SESSIONS COURT, ALAPPUZHA .................... PETITIONERS (S): ACCUSED 3 & 4 ----------------------------------------- 1. RAHIM, S/O. MOOSA, AGED 38 YEARS, MANIYAMPARA (H) EDATHALA NORTH.P.O, ALUVA, ALUVA EAST VILLAGE. 2. JOHNSON, S/O. KUNJUMON, AGED 22 YEARS, PEEDIKAPARAMBIL HOSE, ERUMATHALA.P.O, ALUVA VILLAGE. BY ADV. SRI.M.Y.VARGHESEKUTTY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I OF POLICE, AROOR POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6692 of 2008 --------------------------------------------- Dated this the 11th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 379 read with Section 34 IPC. According to prosecution, on 21.7.2008, at about 10.15 p.m., petitioners (A3 and A4) along with A1 and A2 in furtherance of common intention committed theft of a private bus. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. The first accused and the owner of the bus had some money transactions and to settle the matter, accused were called by him. When they went to the place, second and third accused were caused to be arrested from the spot by the police and a false case is foisted against petitioners also. Even as per the allegations, they have only pushed the bus and not committed theft, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the bus was parked in the premises of a petrol bunk and in the night, accused came in a vehicle and all of them got into the bus and others pushed the vehicle and got it started. BA No.6692/2008 2 On seeing this, somebody informed police and police chased the vehicle and arrested A2 and A3 from the bus. A Tata Sumo car in which other accused were travelling was seized, which was abandoned by the other accused. Petitioners are required for investigation and it is not correct to say that they have no role in the crime, it is submitted. 5. On hearing both sides, considering the nature of allegations made, I am satisfied that this is not a fit case to grant anticipatory bail. Petitioners would be required for interrogation and for the purpose of investigation. They have not so far surrendered before the Magistrate Court or even before the Investigating Officer, though the incident occurred as early as on 21.7.2008. Hence, petitioners are directed to surrender before the Investigating Officer and co-operate with investigation. Whether they surrender or not, police is at liberty to arrest them at any time and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE csl