IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5060 of 2008() ----------------------------- CRMP.1904/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.284/2008 OF ALAPPUZHASOUTH POLICE STATION PETITONRES/ACCUSED : ----------------- 1. SAJIKUMAR.T. 41 YEARS, S/O.THANKAPPAN AYYAMPARAMBIL, SANATHANAPURAM WARD ALAPPUZHA 2. SHAIJU, 24 YEARS S/O.MANIYAN, PUTHENPARAMBIL, VELLAKINAR WARD ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: ------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5060 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of August,2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 395 and 120B IPC. According to the prosecution, accused 1 and 2 waylaid the motor cycle, in which defacto-complainant was travelling, and three others also came to the place of occurrence, in pursuance of the conspiracy and the bike was snatched away, after assaulting defacto-complainant. On a statement given by the defacto-complainant, a crime was registered under sections 395 and 120B IPC. 3. Learned counsel for the petitioners submitted that petitioners are falsely implicated in the offence, as accused 3 and 5, since they joined the Congress Party and they actively participated in the protest against the controversial VII th Standard Text Book. They were originally sympathizers of C.P.I. (M). Due to this political rivalry, they are also included as the accused, it is submitted. The vehicle was actually taken away by the financier, since there was default in the instalments. Petitioners are not employees of the financial company also. First BA 5060 /08 -2- petitioner is a construction worker as revealed from Anneuxre-A card, it is submitted. 4. Learned Public Prosecutor submitted that it is true that petitioners' names were not mentioned in the First Information Statement, since they were not known to defacto-complainant previously. But, their identity is revealed during the course of investigation. The petitioners are required for the purpose of investigation and recovery of the vehicle. It is also submitted that the 3rd accused is involved in series of criminal cases including offences under sections 326, 325, 452 IPC and also under the P.D.P.P. Act. The incident occurred as early as on 14-6-2008. 5. On hearing both sides, I am satisfied that petitioners are required for custodial interrogation and recovery of motor bike and this is not a fit case to grant anticipatory bail. Hence, the application is dismissed. K. HEMA, JUDGE. mn.