IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 Bail Appl..No. 7489 of 2008() ----------------------------- CRIME NO.348/08 OF PERINGOME POLICE STATION PETITIONER(S): ACCUSED: ---------------------------- 1. P.SAHAD, AGED 23 YEARS (A3), S/O.KUNHAMED, PEDENA, PERINGOME VILLAGE, KASARAGOD DISTRICT. 2. P.C.NISAR, AGED 23 YEARS (A4), S/O.IBRAHIM, PEDENA, PERINGOME VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.T.K.VIPINDAS RESPONDENT(S): STATE: --------------------- THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.H.O.PERINGOME POLICE STATION. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7489 of 2008 ----------------------------------------- Dated this the 3rd February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 457 and 380 read with 34 of the Indian Penal Code. According to prosecution, accused 1, 3 and 4 committed theft of rubber sheets worth Rs.55,000/- and second accused was driving a pick up van, into which those were loaded and accused 1 to 4 committed theft and other offences with a common intention. The incident occurred on 22.10.2008. 3. Learned counsel for petitioners submitted that petitioners are accused 3 and 4 and they have not committed any offence. They are head load workers and they have only loaded the rubber sheets under instructions and they have not committed any theft, it is submitted. They may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the materials in the case diary, petitioners have actually committed the theft and they are not BA.7489/08 2 mere head load workers as alleged. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. The crime is registered as early as on 22.10.2008 and petitioners are bound to co-operate with the investigation. Petitioner shall surrender before the investigating officer forthwith 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, petition is dismissed. K.HEMA, JUDGE vgs.