IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Bail Appl..No. 6950 of 2008() ----------------------------- CRIME NO. 218/2008OF CHITTAR POLICE STATION PETITIONER: ------------------------------ D.RAVI, AGED 41 YEARS, S/O. LATE DIVAKARAN, VADAKKECHARUVIL, NEELIPILAVU P.O., KATTACHIRA, CHITTAR, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6950 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, petitioner has purchased 457 kg. of rubber sap from encroachers/protestors of Chengara estate, knowing that the said article was stolen from the estate. The article was seized from the rooms which were in possession of petitioner by breaking open the lock. 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. Petitioner had rented out the building to another person and he is not liable for the article seized from the house. Petitioner is prepared to co-operate with the investigation and he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the house from where the article was seized belongs to petitioner. He rented out two rooms in the said house to others but the room from where the stolen article was seized belongs to petitioner and he was in possession of the same. It is submitted that it is not a fit case to grant anticipatory bail. 5. On hearing both sides, considering the nature of allegations made, I am not satisfied that this is not a fit case to BA 6950 /08 -2- grant anticipatory bail. Petitioner will be required for interrogation. In the nature of allegations made, to find out the source and also other relevant facts, which are within his knowledge, petitioner's interrogation will be essential. Hence, it is not proper to grant anticipatory bail. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.