IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Bail Appl..No. 7199 of 2008() ----------------------------- CRIME NO.604/2008 OF MAVELIKARA POLICE STATION PETITIONER/ 2ND ACCUSED ------------------------------------------- MURALIDHARAN.P, VALAKKOLLIE HOUSE, WEST FORT, MAVELIKARA. BY ADV. SRI.RINNY STEPHEN CHAMAPARAMPIL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7199 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 109, 419, 511 of 420, 34 IPC. According to prosecution, on 6-11-2008 at about between 10.30 a.m. and 4.30 p.m. 1st accused telephoned de facto complainant and introduced herself to be a reporter of Malayala Manorama and demanded Rs.1 lakh for not publishing a report on an alleged illicit relationship of de facto complainant with two persons. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. The only material available with the prosecution is an alleged confession statement made by 1st accused that it was at the instance of petitioner (A2) that she committed the offences. On questioning the 1st accused, she had divulged the police that she is a trainee in the Rashitraya Vijarana Magazine, of which petitioner is the Managing Editor and that he wanted her to commit the offence. But, petitioner does not even know the 1st accused and the allegations are absolutely false, it is submitted. 4. This petition is opposed. Learned Public Prosecutor BA 7199/08 -2- submitted that de facto complainant is the Manager of a Co- operative Bank. The 1st accused had threatened her stating that de facto complainant was having some illicit relationship with two of the ministers and that such illicit relationship will be published and she wanted Rs.1 lakh for not publishing the same. The 1st accused was arrested and on investigation, it was found that the 1st accused had made frequent telephone calls with the 2nd accused. The 2nd accused who is petitioner herein is required for interrogation. It is not correct to say that the allegations are false. On hearing both sides, considering the nature of the allegations made and the nature of the investigation required, I am satisfied that this is not a fit case to grant anticipatory bail. This is a case where materials, which are within the exclusive knowledge of the petitioner, will have to be ascertained and for this purpose custodial interrogation of petitioner will be required. Except bare assertions that petitioner is innocent, no material is pointed out to support such assertions. Crime was registered as early as on 7-11-2008 and petitioner is required for interrogation. Petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, BA 7199/08 -3- police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.