IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 6688 of 2008() ----------------------------- CRIME NO.367/2008 OF CHANDERA POLICE STATION PETITIONERS (S): ACCUSED: ---------------------------- 1. ANIL KUMAR, S/O.GOVINDAN, THALICHALAM, P.O.ELAMBACHI, KASARAGOD. 2. JAYESH.T.V., AGED 23 YEARS, S/O.CHERIAKKAN, THALILCHALAM, P.O.ELAMBACHI, KASARAGOD. 3. SREEJITH.K.V., AGED 25 YEARS, S/O.P.DAMODHARAN, KAIVELIKKAL, THALICHALAM, P.O.ELAMBACHI, KASARAGOD. 4. SHOBITH.K.V., AGED 17 YEARS, S/O.RAGHAVAN.K, KAROLAM, P.O.ELAMBACHI, KASARAGOD. BY ADV. SRI.M.V.AMARESAN RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 6688 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of February, 2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 452, 427, 506 read with section 149 IPC. According to prosecution, accused 1 to 3 and 5 along with ten others formed themselves into an unlawful assembly armed with deadly weapons committed trespassed into the chicken shop conducted by de facto complainant and destroyed chicken feed and resulting in loss of Rs.15,000/- and also committed mischief and criminal intimidation. 3. This petition is opposed. Learned Public Prosecutor submitted that considering the nature of allegations made, I do not find any reason to grant anticipatory bail. No special circumstance is made out to invoke section 438 Cr.P.C. The offence was committed as early as on 8-10-2008 and petitioner is not available for investigation. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co-operate BA 6688/2008 -2- with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.