IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 Bail Appl..No. 3591 of 2008() ----------------------------- CRIME NO.3/08 OF SENGOTTAI RPF OUTPOST PETITIONERS/ACCUSED 2 TO 4 ------------------------------------------- 1. KANI BAVA WRITTEN AS GANI BABA, S/O.MASEED LABBA, ETTIVILA VEEDU, PATHANAPURAM. 2. NUSER VAN WRITTEN AS NAZEER BHOY KIZHAKKE VEEDU, NADUKKUNNU, PATHANAPURAM. 3. M.V.SEBASTIAN, S/O.VARGHESE, MALAYAKKUNNEL, ARYANKAVU (PO), KOLLAM DISTRICT. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- RAILWAY PROTECTION FORCE, SOUTHERN RAILWAYS, REPRESENTED BY THE SUB INSPECTOR, RAILWAY PROTECTION FORCE OUTPOST, SENGOTTAI. BY STANDING COUNSEL SRI.N.B.SUNIL NATH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3591 of 2008 ----------------------------------------- Dated this the 5th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. Petitioners are stated to be the accused in the crime registered under Section 3(a) of the Railway Property (Unlawful Possession) Act,1966, on the allegation that a jack tree standing in the Railway property was stolen away. 3. Learned Standing Counsel for the Railway submitted that the third petitioner is not involved in the offence and he is not made an accused. It is also pointed out that the first accused has been granted bail by the trial court. 4. In the above circumstances, I find that the petitioner can seek remedy before the trial court itself. When a co-accused was granted bail, respondent will have no objection in granting regular bail to others also. Hence, petitioners 1 and 2 shall seek their remedy before the trial court. As far as third petitioner is concerned, since he is not an accused, the relief cannot be granted. With the above observation, this petition is disposed of. K.HEMA, JUDGE vgs.