IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 Bail Appl..No. 2444 of 2010(E) ------------------------------------------ (CRIME NO. 887/2010 OF CENTRAL POLICE STATION, ERNAKULAM) ................. PETITIONER/1ST ACCUSED: ----------------------------------------- JINTU SCARIA, AGED 24 YEARS, S/O.SCARIA, PADAPPANACKAL HOUSE, UPPUTHARA, IDUKKI DISTRICT. BY ADVS. SRI.V.GOPIKRISHNA, SRI.R.ARUN (PALLURUTHY). RESPONDENT/COMPLAINANT: -------------------------------------------- THE S.I. OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/05/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. --------------------------- B.A. No. 2444 of 2010 ------------------------------------ Dated this the 20th day of May, 2010 O R D E R This petition is for anticipatory bail. 2. According to prosecution, on 31.03.2010, petitioner (A1) along with other accused assaulted the de facto complainant and snatched away the Mobile Phone and also Rs.1,350/- from his bag. Stick was also used for commission of offence. 3. Learned counsel for petitioner submitted that there was some money transaction between the parties and there was some scuffle, but no incident as alleged by the de facto complainant had taken place. There was also no snatching of Mobile Phone or money. The case against the petitioner is absolutely false. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the allegations made in the complaint, it is the first accused, who manhandled the de facto complainant with stick and snatched away the Mobile Phone. These are to be recovered and the petitioner is required for interrogation and recovery of the weapons. B.A. No. 2444 of 2010 2 5. On hearing both sides, I do not find any ground to grant anticipatory bail, while considering the facts and circumstances of the case. Petitioner is directed to appear before the investigating officer without any delay and co-operate with the investigation. Whether he appears or not, police is at liberty to arrest and proceed in accordance with law. This petition is dismissed. K. HEMA, JUDGE ln