IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2087 of 2010() ------------------------------------------ (CRIME NO.40/2010 OF NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT) .................... PETITIONER/ACCUSED: -------------------------------------- MADHU V., S/O.VISWANATHAN, P.V.N.HOUSE, KUTTAMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NEYYARDAM POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------- B.A. No.2087 of 2010 ------------------------------------ Dated this the 24th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 306(1) and 393 of the Indian Penal Code. According to prosecution, on 14.2.2010 at about 4 P.M., de facto complainant was walking through the road, while petitioner along with three others wrongfully restrained him, and threatened him and for forcibly took Rs. 5,000/- from his bag and thereby committed the offences. 3. Learned counsel for petitioner submitted that de facto complainant owes Rs. 1.5 lakhs to the petitioner(A1) and when the amount was demanded, there was an altercation and he filed a false complaint. 4. This petition is opposed. Learned Public Prosecutor submitted that only first accused was identified and other accused are not identified yet. This is not a fit case to grant anticipatory bail, it is submitted. B.A. No.2087 of 2010 2 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor. Though it is asserted that this is a false complaint, there is nothing to support such plea. Petitioner may be required for purpose of interrogation. This is not a fit case to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE ln