IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3347 of 2008() ------------------------------------------ (CRIME NO.246/2002 OF KALPAKANCHERY POLICE STATION) PETITIONER/2ND ACCUSED: -------------------------------------------- P.T.KISHORE BABU, S/O.CHOZHIKKUTTY, PAITTATH HOUSE, P.O.WEST HILL, CALICUT. BY ADV. SRI.P.NARAYANAN RESPONDENT: ------------------------ STATION HOUSE OFFICER, KALPAKANCHERY POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA,J ====================== B.A.No.3347 of 2008 ========================= Dated this the 27th day of May, 2008 ORDER This is an application for anticipatory bail. 2. According to the prosecution, the petitioner along with first accused broke open a shop at Manjeri and entered the shop and attempted to commit robbery. The first accused was apprehended by the people of the locality. But the petitioner escaped. The investigation is over and charge is laid against the petitioner and the first accused. 3. According to the learned counsel appearing for the petitioner, petitioner is totally innocent of the allegations made. The petitioner is a resident of Calicut. The incident happened in Manjeri. He is not acquainted with the first accused and the case has been registered on a mistaken identity. He is not acquainted with even the first accused, it is submitted. 4. On hearing both sides. I do not find anything to substantiate the contentions raised. I am not inclined to grant anticipatory bail. Petitioner may seek remedy before the trial B.A.No.3347/2008 2 court. Learned Magistrate may dispose of the application, if any, filed by the petitioner untrammeled by the observations made in this petition, if the petitioner can substantiate if he is innocent, as argued. This petition is dismissed. K.HEMA,JUDGE dvs