IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Bail Appl..No. 3495 of 2008() ----------------------------- PETITIONER/ACCUSED ----------------------------------- ANUP.P.S., S/O.PAPPAN, AGED 26, SWARNAMALAYIL VEEDU, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, ERAVIPEROOR P.O. BY ADV. SRI.R.GIREESH VARMA RESPONDENT: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3495 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2008 O R D E R Application for anticipatory bail. 2. A crime is registered against the petitioner and others for offences under sections 341, 323, 506(ii), 308 read with section 34 IPC. According to the prosecution, the defacto-complainant tried to obstruct a vehicle which was carrying sand by placing a scooter in front of the same. The 2nd accused who was driving the vehicle drove the vehicle forward at the instruction of the 1st accused and caused the defacto-complainant to fall down. The defacto-complainant chased the vehicle and when they reached near a kadavu, the 1st accused and other 8 persons assaulted the defacto- complainant. 3. According to the petitioner, he is innocent in the matter. The learned counsel for the petitioner submitted that the petitioner's name is not mentioned in the First Information Statement. The learned Public Prosecutor opposed the application and stated that the petitioner is referred to as the driver of the vehicle in the F.I.R. and specific allegation is made against the driver. The number of the autorickshaw is also mentioned. The said BA 3495/08 -2- autorickshaw is not recovered so far. Other accused have to be arrested. They have to be identified. The petitioner who is the driver also has to be identified and his presence will be required for custodial interrogation. On hearing both sides, I am not satisfied that this is a fit case to grant anticipatory bail. The application is dismissed. K. HEMA, JUDGE. mn.