IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5547 of 2008() ----------------------------- ( CRIME NO.690/07 OF THOPPUMPADY POLICE STATION) PETITIONER/ACCUSED NO 2 ------------------------------------------- KUMAR.E.AGED 27 YEARS S/O. EASWARAN, MAIN ROAD, KARUNAGAMUTTAMPETTI POST, UTHAMAPALAYAM, THENI DISTRICT, TAMILNADU. BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF PPOLICE, THOPPUMPADY POLICE STATION, ERNAKULAM. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 5547 of 2008 --------------------------------------------------- Dated this the 26th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 392, 506 read with Section 34 of Indian Penal Code. According to prosecution, the first accused hit the de facto complainant with his bike, while second accused was the pillion rider and both of them robbed a bag of the de facto complainant, which contained Rs.36,000/- and a calculator. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. As per the first information statement, second accused was s one “Murugan”, but the police is in search of petitioner for arrest, as the 2nd accused. Since Murugan is absconding, petitioner is now falsely implicated as accused and he apprehends arrest. 4. This petition is opposed. Learned Public Prosecutor submitted A1 was arrested and as per his confession, one 'Murugan' was involved. But, on investigation it was revealed that the first accused gave the name wrongly and petitioner was involved in the crime. In the course of investigation, it was understood that petitioner B.A.No.5547/08] 2 was the person who was riding as pillion rider. Learned Public Prosecutor also submitted that the recovery was not effected completely and the petitioner is required for the purpose of completing investigation and for the recovery of stolen articles. 5. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that it is not a fit case to grant anticipatory bail, especially since the materials now available with the police reveal the involvement of the petitioner. This incident happened as early as on 9.11.2007 and the petitioner could not be arrested so far. The investigation is at a stand still. Hence, petitioner is directed to surrender before the investigating officer within 7 days and co-operate with the investigation. With the above directions, this petition is dismissed. Sd/- K. HEMA, JUDGE. Krs.