IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 Bail Appl..No. 7003 of 2008() ----------------------------- CRIME NO.1299/08 OF KOTTARAKKARA POLICE STATION PETITIONERS/1ST & 2ND ACCUSED:- --------------------------------------------------- 1. THULASEEDHARAN PILLAI, DIVYASADHANAM, KIZHAKKETHERUVU,CHENGAMANADU P.O. KOTTARAKKARA. 2. DEEPU, DIVYASADHANAM, KIZHAKKETHERUVU, CHENGAMANADU P.O.,KOTTARAKKARA. BY ADV. SRI.C.B.SREEKUMAR RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION (REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA) PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON 06/01/2009 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 7003 of 2008 ----------------------------------------- Dated this the 5th January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 308 and 34 of the Indian Penal Code. According to prosecution, first accused owed some money to de facto complainant, who is running a financial institution. Since demands were made for return of money, petitioners, who are son and father, went to the financial institution, poured petrol on de facto complainant and attempted to set fire. De facto complainant somehow escaped. The acts were committed in furtherance of a common intention. 3. Learned counsel for petitioners submitted that the allegations are absolutely false. In fact, petitioners were assaulted by de facto complainant and thereafter within 24 hours, the present complaint is falsely foisted against them. Petitioners were assaulted from the shop. Therefore, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the nature of the allegations are serious and it is not a fit case to grant anticipatory bail. Learned counsel for de facto BA.7003/08 2 complainant was also heard and he also opposed this bail application. 5. On hearing both sides, the defence taken up is not clear to me or supported by any materials to show that this is an absolutely false case. Except bare assertions, there is nothing to support the same. The allegations made are serious and hence, it is not a fit case to grant anticipatory bail. Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation. Whether petitioner surrenders or not, the police is at liberty to arrest petitioner and proceed in accordance with law. With this direction, petition is dismissed. K.HEMA, JUDGE vgs.