IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 Bail Appl..No. 3651 of 2008() ----------------------------- (CRIME NO.68/2008 OF MEPPAYOOR POLICE STATION) .................... PETITIONERS/ACCUSED --------------------------- 1. RAGHAVAN AGED 59 YEARS,S/O. KUNHIKANNAN NAMBIAR, PUTHENEDATHIL, NADUKKANI,MUYIPPOTH AMSOM DESOM KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. VALSAN, AGED 43 YEARS, S/O. KUNHIKANNAN NAMBIAR, PUTHENEDATHIL, NADUKKANI,MUYIPPOTH AMSOM DESOM KOYILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENT: COMPLAINANT/STATE ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3651 of 2008 ------------------------------------------- Dated this the 6th day of June, 2008 ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 436 read with Section 34 IPC. Petitioners are the accused in crime No.68/2008 of Meppayoor Police station. The petitioners allegedly set fire to the Tharavadu house and caused a loss to the tune of Rs.1 lakh. 3. Learned counsel for the petitioners submitted that the petitioners are innocent of the allegations made. The house of the defacto complainant was only a thatched shed. The complaint is lodged only on a misunderstanding. The defacto complainant's husband is a mentally ill person and something might have been done by him, it is submitted. 4. This petition is opposed. Learned public prosecutor submitted that there are eye witnesses to the occurrence, as per the case diary. The defacto complainant has seen the petitioners at the place of occurrence and it is stated in the FIS itself. They ran away on seeing her. Their conduct in running away is also incriminating. BA NO.3651/08 2 5. On hearing both sides, I find that this is not a fit case to grant anticipatory bail. Hence, the petition is dismissed. K.HEMA, JUDGE csl