IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Bail Appl..No. 4503 of 2008(A) ---------------------------------------- CRIME NO.246/08 OF PARIPPALLY POLICE STATION PETITIONER/ACCUSED : ---------------------------------- SHIJU @ KOCHU SHIJU, S/O.SISUPALAN, 'SISUVILASOM', PARAMUKKU, KALLUVATHUKKAL VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS/COMPLAINANTS : ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARIPPALLY POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4503 OF 2008 ------------------------------ Dated this the 16th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 323, 427 read with 34 of IPC. According to the prosecution on 11.06.2008 at about 5 pm petitioner along with accused Nos.1 and 3 trespassed into the mobile shop of the defacto complainant. Accused Nos.1 and 2 had assaulted him and accused Nos.3 and 4 caused damage to the mobile phones and caused a loss of Rs.20,000/- to the defacto complainant, for the reason that an employee of the defacto complainant refused the demand of the 1st accused to provide him a mobile phone for his use free of cost. 3. Learned counsel for the petitioner submitted that the petitioner was only a spectator and not an accused. He is innocent of the allegations made. But it was pointed out by the learned Public Prosecutor that as per the materials in the case diary he committed mischief and other offences are committed in furtherance of common intention. This fact is revealed from the First Information Statement itself. B.A.4503/2008 2 4. On hearing both sides I am satisfied that it may not be proper to grant anticipatory bail to the petitioner in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE pac