IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 Bail Appl..No. 5142 of 2008() ----------------------------- (CRIME NO. 267/2008 OF MUSEUM POLICE STAITON, TRIVANDRUM) PETITIONERS/ACCUSED NOS.1 AND 2 : ----------------- 1. PRASANTH RAJARAM KORDE, AGED 34, S/O.GOVIND CHAUDHARY CHAWL, BHATWADI, CHATKOPAR,(WEST) MUMBAI-86. 2. RAKESH VASANT NAIK, AGED 28 YEARS, BUSINESS, R/AT.JUHU HEAVEN, 3RD FLOOR FLAT NO.10 JUHU CHURCH ROAD, MUMBAI-49. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, TRIVANDRUM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.5142 of 2008 ----------------------------------------------- Dated this the 28th day of August, 2008. ORDER Petition for anticipatory bail. 2. Petitioners are accused nos. 2 and 3 in a crime registered under Sections 420 read with Section 34 of Indian Penal Code. 3. Learned counsel for the petitioner submitted that the petitioners are absolutely innocent of the allegations made. No offence under Section 420 IPC is made out from the allegations made in the complaint themselves. But, as seen from the documents themselves. There is only a civil dispute between the parties in connection with re-modelling of a vehicle. Documents are also produced to support the same. Therefore, he prays for anticipatory bail. 4. Learned Public Prosecutor submitted that petitioners were arrested on 1.8.2008 from Maharashtra in connection with this crime B.A.5142/08] 2 and they were produced before the Magistrate court in Maharashtra and they were released on bail also with a direction to surrender before the investigating officer on 7.8.2008 and thereafter in the police will produce him before the Chief Judicial Magistrate court at Trivandrum. Petitioners have not complied with the directions of the Magistrate court which granted bail. Having been granted bail in this case, there is no question of granting anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that this a case where bail is already granted to petitioners on accusation of having committed a non-bailable offence under section 420 IPC. If at all there is any apprehension of arrest, subsequently, it may not be on the ground that they have committed non-bailable offence, but it may only due to non-compliance of a direction and hence, Section 438 Cr.P.C. will not apply. K. HEMA, JUDGE. Krs.