IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 5407 of 2008() ----------------------------- CRIME NO.171/2008 OF KADAKKAVOOR POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ ABDUL SAMAD, S/O. SAINULABDEEN, AGED 70 YEARS, KATTUVILAKATHU VEEDU, KULAMUTTOM, VARKAL,THIRUVANANTHAPURAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5407 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of September,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 143, 147, 148, 324, 506(ii) and 307 IPC and under section 27 of the Arms Act. According to prosecution, petitioner along with other accused committed various offence and attempted to commit murder of defacto-complainant. They also used weapons falling under section 27 of the Arms Act. 3. Learned counsel for petitioner submitted that petitioner is a senior citizen and he is falsely implicated because of the grudge of the Circle Inspector of Police and Sub Inspector of Police against his son. Petitioner's son was arrested on 5-3-2008 in connection with sand mining and he was brutally assaulted at the police station and he sustained injuries. Annexure -A5 private complaint was filed on 17-3-2008 against the Circle Inspector of Police and Sub Inspector of Police. Because of these reasons, petitioner who is aged 70 years is falsely implicated, as an accused in this case. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner's name finds a place in the First Information Statement itself and specific overt act is also alleged against petitioner. The weapons allegedly used are not yet BA 5407/08 -2- recovered. The offence alleged is of a serious nature and it may not be proper to grant anticipatory bail. 5. On hearing both sides, I find that the allegations made against petitioner are serious in nature. Petitioner is implicated as per First Information Statement itself. Petitioner's presence will be required for recovery and hence it will not be proper to grant anticipatory bail. However, I make it clear that the consideration for anticipatory bail and for bail under section 437 are different. 6. The incident happened on 28-6-2008 at 10 p.m. and even after elapse of three months petitioner could not be arrested. Hence, the investigation is at a stand still. Petitioner is, therefore, directed to surrender before the Magistrate concerned within seven days from today. With the above direction, this petition is dismissed. K.HEMA, JUDGE. mn.