IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 Bail Appl..No. 7083 of 2008() ----------------------------- CRIME NO. 491/2008 OF VIYYUR POLICE STATION PETITIONER (S): /ACCUSED:- ---------------------------------------- 1. ANTO A.D., S/O DEVASSY, ARACKAL HOUSE, CHENGALOUR P.O., THRISSUR. 2. SIMON , AGED 23 YEARS, S/O. YOHANNAN, CHENTHUPARAMBIL HOUSE, KODALI, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY SUB-INSPECTOR OF POLICE, VIYYUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 7083 of 2008 --------------------------------------------------- Dated this the 27th day of November, 2008. O R D E R Petition for anticipatory bail. 2. According to prosecution, a motor cycle, which was kept in the premise of A.R. Camp, is a material object in one of the cases. First accused who is a police constable along with his nephew committed theft of silencer and two wheels of the motor cycle. Thereafter, the said articles were fitted on the motor cycle of 1st accused and he tried to sell the wheels of his motor cycle, etc. in a spare parts shop. Information was received by the Sub Inspector in respect of this attempt. By the time, the stolen wheels and other articles were re-fitted by accused on the motor cycle, which was kept in the premises of the A.R. Camp. 3. Learned counsel for petitioners submitted that petitioners are innocent of the allegations made. The articles were not stolen. Those were found on the motor cycle itself. Petitioners are residing close to the place where the motor cycle was parked BA 7083/2008 2 and hence, on a misunderstanding a crime was registered against petitioners, it is submitted. The crime was registered only after seizure was effected from the spare parts shop, but the alleged stolen articles were already available on the motor cycle from which those were allegedly stolen, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the modes operandi in committing the offence is peculiar and on the facts of this case, it may not be proper to grant anticipatory bail. It is submitted that the articles were found stolen, but later the articles were also replaced by petitioners. The involvement of petitioners was detected only when information was received from the shop where petitioners had gone to sell the articles. It was found that the articles which were sold are not the stolen articles but on investigation, it was revealed that petitioners had fitted the stolen wheels and and other parts to his own motor cycle and tried to sell the wheels which originally belonged to 1st accused. 5. On hearing both sides, considering the nature of allegations made, I do not find it fit to grant anticipatory bail. The innocence of petitioners is not quite clear from the assertions made. Petitioners are required for interrogation. BA 7083/2008 3 Hence, petitioners are directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K. HEMA, JUDGE. Krs. BA 7083/2008 4