IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 Bail Appl..No. 4946 of 2008(C) ------------------------------------- CRIME NO.321/2008 OF VADAKKANCHERY POLICE STATION PETITIONER/ACCUSED : ---------------------------- SAJI, AGED 34 YEARS, S/O.KUNJAN, RESIDING AT MALAYIL THADIKATTU HOUSE, UDARAKULAM P.O., UPPADA, CHUNGATHARA. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENT/COMPLAINANT : ------------------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE SUB INSPECTOR, POTHUKKALLU POLICE STATION, IN CRIME NO.321/2008. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4946 OF 2008 ------------------------------ Dated this the 29th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Section 394 of Indian Penal Code and Section 5 read with Section 27(1) of Arms Act. According to the prosecution, accused Nos.1 to 3 snatched away the gold chain from the defacto complainant and she was shot by a country revolver. On investigation, it is revealed that it is manufactured by the petitioner herein, who is the 4th accused in the crime. 3. Learned counsel for the petitioner submitted that the petitioner is falsely implicated. He is a physically handicapped person as evidenced by Annexure A1 and he is not involved any of the offences alleged. He is still under treatment as revealed by another certificate, which is produced for perusal. Petitioner is implicated only on the confession statement made by the 1st accused. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner had filed an earlier application for anticipatory bail but it was dismissed as withdrawn. This is the B.A.4946 of 2008 2 second attempt made by the petitioner. The incident occurred as early as on 26.04.2008 and the petitioner was implicated, as per the confession statement of the 1st accused on his arrest. Thereafter, a search was conducted in the house of the petitioner and two revolvers and spare parts were seized from the premise. The petitioner could not be arrested so far. Learned Public Prosecutor also submitted that the petitioner is involved in other crimes also. Since the petitioner is not yet arrested, the investigation could not be completed. On hearing both sides, I am satisfied that the petitioner will be required for interrogation and it is not a fit case to grant anticipatory bail. Hence the petitioner is directed to surrender before the Investigating Officer or Magistrate court concerned within seven days from today and co- operate with the investigation. With these directions, the petition is dismissed. K.HEMA, JUDGE pac