IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 24TH JULY 2008 / 2ND SRAVANA 1930 Bail Appl..No. 4302 of 2008(E) ----------------------------- (CRIME NO.439/08 OF KASARAGOD POLICE STATION) ---------- PETITIONER : ------------ JACKI HANFEFA, S/O.ABDUL KADHAR, KADAVATH, TALAMKARA, KASARAGOD TALUK. BY ADV. SRI.T.B.SHAJIMON RESPONDENT/COMPLAINANT: ------------------------ STATE OF KERALA, REP. BY INSPECTOR OF POLICE, KASARAGOD POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4302 OF 2008 ------------------------------ Dated this the 24th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 341, 323, 324, 506(1), 365 read with Section 34 I.P.C. According to the prosecution, the defacto complainant's son, who is aged 14 years, was kidnapped and assaulted by the petitioner and others. On the basis of a complaint lodged by the defacto complainant, a crime was registered under the above Sections. 3. Learned counsel for the petitioner submitted that as per the First Information Statement, only one Bava was involved in the offence. But the petitioner's name was not mentioned in the F.I. Statement. Hence the petitioner prays for anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that a reading of the statement of the defacto complainant's son, the alleged victim, itself will make it clear that this is not a fit case to grant anticipatory bail. On going through B.A.4302/2008 2 the statement given by the boy, I find that the petitioner was also involved in the offence and he had allegedly assaulted the child by iron rod etc. The investigation is at the preliminary stage. Several other accused are involved in the crime and they are not arrested so far. In the light of the statement given by the boy in a case of this nature, I am not inclined to grant anticipatory bail to the petitioner. The petition is dismissed. K.HEMA, JUDGE pac