IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 6392 of 2008() ----------------------------- CRIME NO.171/08 OF HOSDURG POLICE STATION PETITIONERS -------------------- 1. KUNJUMAMY, S/O MUHAMMEDKUTTY, AGED 28 YEARS, EDAVAMKUNNATH HOUSE, CHERUKODU P.O., VALLAPPUZHA PALAKKAD DISTRICT. 2. P.KUNJUMUHAMMED, HUDA MANZIL, CHATTANCHAL, KASAGOD. BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S): STATE/COMPLAINT:- -------------------------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, KASARGOD. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6392 of 2008 ----------------------------------------- Dated this the 8th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 379, 411 and 34 of the Indian Penal Code. According to prosecution, first accused committed theft of a motorcycle and he sold it to third accused, who in turn, sold it to second accused and from second accused, fourth accused purchased the stolen vehicle knowing the same to be stolen. The motorcycle is seized by the police. 3. Learned counsel for petitioners submitted that petitioners are absolutely innocent of the allegations made. Accused 2 and 3 were already arrested and released on bail. Fourth accused is the father of first accused and he was implicated only because he happened to be the father of first accused. They may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, fourth accused has BA.6392/08 2 purchased the stolen article knowing it to be the stolen. The other accused are already arrested. 5. On hearing both sides, in a case of this nature, it is not proper to grant anticipatory bail, especially since no special circumstances exist. Bare assertion that petitioners are innocent is not sufficient to invoke Section 438 Cr.P.C. Petitioners are directed to appear before the investigating officer or before the Magistrate Court concerned without any delay and co-operate with the investigation. Whether they surrender or not, the police is at liberty to arrest them and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.