IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 2292 of 2010() ----------------------------- CRMP.1484/2010 of D.C.& SESSIONS COURT,THODUPUZHA .................... (CRIME NO.45/2010 OF KANJIKUZHY POLICE STATION) PETITIONER/ACCUSED -------------------------------------- 1. MOHANAN @ SUDHAKARAN, S/O.RAGHAVAN, AGED 39 YEARS, THANDEL HOUSE, PAZHYARIKANDAM, KANJIKUZHY, IDUKKI. 2. SURESH @ SURA, S/O.SUKUMARAN, AGED 36, PUTHUVILAPUTHEN VEEDU, PAZHYARIKANDAM, KANJIKUZHY, IDUKKI. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): COMPLAINANT -------------------------- THE SUB INSPECTOR OF POLICE, KANJIKUZHY POLICE STATION, IDUKKI, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2292 OF 2010 -------------------------------- Dated this the 11th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 447, 427 & 379 r/w 34 IPC. According to prosecution, petitioners (A1 and A2)in furtherance of their common intention out of personal enmity cut down a flower bunch of palm tree and also stole 12 litres of toddy from the toddy pot. 3. Learned counsel for the petitioners submitted that the petitioners are innocent of the allegations made. They have settled the matter with the complainant and hence, anticipatory bail can be granted. 4. On hearing both sides, considering the serious nature of the allegations, I do not think that this is a fit case to grant anticipatory bail. Though petitioners would contend that compromise is entered into between the parties, there is nothing to record to support this contention. Petitioners may surrender before the Magistrate Court concerned and seek appropriate remedy. But, no ground is made to grant anticipatory bail. Petition is dismissed. K.HEMA JUDGE vdv