IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 Bail Appl..No. 5332 of 2008() ----------------------------- CRIME NO.468/08 OF THALIPARAMBA POLICE STATION PETITIONERS: 3RD AND 4TH ACCUSED --------------------------------------- 1. P.N. SURESH, S/O. NARAYANAN, PARAYIL HOUSE, AGED 40, KOTTAYAD, POST ALLAKODE, KANNUR. 2. VINOD MASTER, S/O. BHARATHAN, VIJAYABHAVANAM, ALAKODE, KANNUR DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------ THE STATE OF KERALA, REP. BY STATION HOUSE OFFICER, THALIPARAMBA POLICE STATION, KANNUR DISTRICT. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5332 of 2008 ------------------------------------------------- Dated this the 25th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 379 and 34 IPC. According to prosecution, petitioners, who are accused nos. 3 and 4, along with A1 and A2, committed theft of one rubber roller machine of the defacto complainant on 21.5.2008. The first and the second accused were arrested by the Peravoor police and on the confession of the accused nos. 1 and 2, it was revealed that the third and the fourth accused were also involved in the crime. 3. Learned counsel for the petitioners submitted that the petitioners are absolutely innocent of the allegations made. They have no criminal antecedents and they are not involved in any other crime, it is submitted. They are BJP workers and they are implicated only because of political rivalry of CPM leaders. Second petitioner is a school teacher. The article is already recovered and the only material available is the confession of a co-accused and hence, they may be granted anticipatory bail, it BA No.5857/08 2 is submitted. 4. This petition is opposed. Learned public prosecutor submitted that the case diary reveals the involvement of petitioners in the offence. In the nature of alleged incident, it may not be proper to grant anticipatory bail. 5. After hearing both sides, I find that there is only a vague allegation regarding political enmity and false implication. Learned counsel for the petitioners was not able to pinpoint as to who had taken interest in implicating the petitioners falsely in a crime of this nature. Allegations are made generally that the CPM leaders are motivated against the petitioners, who are BJP workers, because there were clashes between the BJP workers and the CPM workers in the locality. Accepting bald allegations of false implication, it may not be proper for this Court to come to a conclusion that the petitioners are falsely implicated and grant anticipatory bail in an offence of this nature. The petition is dismissed. K.HEMA, JUDGE csl