IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6899 of 2009() ------------------------------------ CRIME NO. 523/2009 OF PARASSALA POLICE STATION ...................... PETITIONERS/ACCUSED: ------------------------------------- 1. VINOD KUMAR, S/O. PARAMESWARAN NAIR, ARCHA NIVAS, THAZHASSERI, AVRA-43, PALKULANGARA, THIRUVANANTHAPURAM. 2. PRADEEP, S/O. LAWRENCE, PALLIVILAPURAYIDAM, ST.PETERS NAGAR, PARASSALA, THIRUVANANTHAPURAM DISTRICT. 3. AJAYA KUMAR, S/O. KRISHNAN ASARI, KAMMALAKKUDIVILA VEEDU, MURIYANKARA DESOM, PARASSALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 4. VIJI, S/O. VIJAYALAKSHMI, SREEPADAM, KAITHAKKUZHI, MOOVOTTUKONAM, EDAKKODE DESOM, EDAKKODE VILLAGE, KANYAKUMARI DISTRICT. BY ADVS. SRI.GOPAKUMAR R.THALIYAL SRI.V.MADHURIPAN PILLAI RESPONDENT/STATE/COMPLAINANT: ------------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6899 of 2009 ------------------------------------ Dated this the 26th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.523/2009 of Parassala Police Station. 2. The offences alleged against the petitioners are under Sections 447 and 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons had stolen the gate erected in the property of the defacto complainant and that the accused had also stolen coconuts from the property of the de facto complainant. 4. It is submitted by the learned counsel for the petitioners that between the de facto complainant and his wife, four cases are pending before the Family Court. The petitioners were helping the wife of the de facto complainant. Therefore, this case was foisted against the petitioners. B.A. No. 6899 of 2009 2 5. The learned Public Prosecutor submitted that after investigation, it was found that the allegations made by the defacto complainant against the petitioners are false. It is submitted that there is no intention to arrest the petitioners in connection with Crime No. 523/2009 of Parassala Police Station. The submission made by the learned Public Prosecutor is recorded and the Bail Application is closed. K.T. SANKARAN, JUDGE ln