IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 23RD SEPTEMBER 2008 / 1ST ASWINA 1930 Bail Appl..No. 5697 of 2008() ----------------------------- CRMP.1555/2008 of J.M.F.C.-II, MANANTHAVADY CRIME NO. 46/2008 OF TIRUNELLY POLICE STATION PETITIONER/ 5TH ACCUSED ------------------------------------------- HARINDREN, S/O.THANKAPPAN, VISHNU NILAYAM, OLOYODI, 55TH MILE, KARTIKULAM, THRISSILERI AMSOM. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): ---------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, MANANTHAVADY, WAYANAD DISTRICT. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5697 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 448, 323, 506(1) read with section 149 IPC. According to prosecution, on 28-4-2008 at about 9.30 p.m. 1st accused along with 30 others trespassed into the property, which was sold to defacto- complainant and others, robbed 35 tones of coffee and 1 ½ tones of pepper stored in the bungalow and also from the estate premises. Workers were tied up, intimidated and assaulted. 3. Learned counsel for petitioner submitted that petitioner is only the driver of the 1st accused and petitioner has nothing to do with the offence. He is not involved any activities as alleged. The estate belongs to one Dennis Joy, but it is alleged that the property belongs to defacto-complainant, who is Tomi Mathew. The sale deeds allegedly executed are bogus and a suit has been filed by 1st accused to set aside the sale deeds as fake documents. The property is in the possession of 1st accused and he is the owner of the property and no offence is committed by petitioner, as alleged. BA 5697/08 -2- 4. This petition is opposed. Learned Public Prosecutor submitted that the estate was sold in favour of defacto- complainant by virtue of nine sale deeds and thereafter, the 1st accused made his mother to come and stay in the estate bungalow. At his instance, various persons formed themselves into an unlawful assembly and committed various offences on 28-4- 2008. Petitioner was present at the scene of occurrence, as revealed from the statement of the witnesses. Recovery of stolen articles is not fully effected. A portion of the property allegedly belong to the Forest department and hence there was a dispute between assignor and assignee in respect of this. The other allegations made by petitioner are denied. It is submitted that petitioner is required for custodial interrogation, since except accused nos.6 and 9, no other accused are yet arrested. 5. On hearing both sides, considering the serious nature of the allegations made and the nature of investigation required, particularly since the stolen articles are not yet recovered, I do not think it fit to grant anticipatory bail, especially since there is only bare assertions of innocence of the petitioner without any supporting materials. The incident happened as early as in April, 2008 and police has not been able to arrest petitioner and many other accused. BA 5697/08 -3- 6. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from to day and make himself available for interrogation and co-operate with the investigation. This petition is dismissed. K.HEMA, JUDGE. mn.