IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 Bail Appl..No. 4777 of 2008() ----------------------------- CRIME NO. 847/2008 OF KOTHAMANGALAM POLICE STATION PETITIONER : ACCUSED ------------------------ THAMIZHAN VIJAYAN, S/O. MANIRAJAN, C/O. DR. JOHNSON, THENKAMPUTHOOR DESOM, THENKAMPUTHOOR VILLAGE, KANYAKUMARI, TAMIL NADU. BY ADV. SRI.V.K.MOHAMMED YOUSUF RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTHAMANGALAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.KS.VIJAYAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4777 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 302 IPC. According to the prosecution, petitioner and deceased were doing contract work, but there was some difference of opinion and there arose enmity also. Thereafter, the petitioner had committed murder of the deceased. 3. Learned counsel for the petitioner submitted that there is absolutely no evidence against the petitioner and he is innocent of the allegations made. According to him, as per the allegations in the First Information Statement itself the statement given to the doctor was that the injury was sustained by a fall from the bicycle. Thereafter, an attempt is now made to implicate the petitioner, it is submitted. The statement given to the doctor was that there was a fall from the cycle. 4. The application is opposed. Learned Public Prosecutor submitted that sufficient materials are available in the case diary to connect the petitioner with the crime. It is true that to the doctor it was stated that there was a fall from the cycle. This happened only because the person who took BA.4777/2008 -2- the injured to the hospital was not aware of the cause of the injury. The deceased was found lying unconscious on the canal bridge by the side of the road and it was inferred that there might be a fall. On investigation, it is revealed that there are eye witnesses to the occurrence and the petitioner was implicated on the basis of the evidence collected in investigation. It is also submitted that there is also extra judicial confession by the petitioner. The petitioner is required for custodial interrogation. 5. On hearing both sides, I find that the petitioner will be required for custodial interrogation to find out nature of his involvement in the offence, if any, committed by him. Hence, it may not be proper to grant anticipatory bail to the petitioner. This application is dismissed. K. HEMA, JUDGE. mn.