IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2048 of 2010() ----------------------------- CRIME NO.302/09 OF KARIMANNOOR POLICE STATION (S): 2 & 3 ACCUSED: ---------------------------------- 1. SAJI, KALLARACKAL HOUSE, CHEPPUKULAM, THODUPUZHA. 2. TOMY, VARAKAIL HOUSE, UDUMBANNOR, THODUPUZHA. BY ADV. SRI.M.R.SASITH RESPONDENT(S): C0MPLAINANT: --------------------------- STATE OF KERALA BY SUB INSPECTOR OF POLICE, KARIMANNOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2048 of 2010 ---------------------------------------------- Dated 31st May, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 379 and 34 of the Indian Penal Code. According to prosecution, petitioners (A2 and A3) along with first accused committed theft of logs of teak wood. 3. Learned counsel for petitioners submitted that petitioners are implicated in the offence only on the basis of a confession statement made by first accused. They are innocent of the allegations made. 4. This petition is opposed. Learned Public Prosecutor submitted that it is not merely on the basis of a confession statement that petitioners are implicated in this offence. Petitioners had given instructions to the workers who were engaged by them to load the teak wood logs into the vehicle, in which stolen articles were transported. Those persons were under the impression that teak wood logs were purchased by petitioners and they have given statement to the police accordingly. BA NO.2048/10 2 5. On hearing both sides, I am satisfied that there are materials in the case diary to implicate petitioners in the crime and in a case of this nature, considering the serious nature of the allegations made, I am not inclined to grant anticipatory bail. Petition is dismissed. K.HEMA, JUDGE. tgs