IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 5699 of 2008(F) ------------------------------------ CRMP.2268/2008 of ADDL. SESSIONS JUDGE, ALAPPUZHA. CRIME NO.178/2008 OF MUHAMMA POLICE STATION .................... APPLICANT/ACCUSED NO.1 : ---------------------------------- SUDHEESH, S/O. SUDHAKARAN, CHANGATHATTEL VEEDU, CHARAMANGALAM, CHERTHALA. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/COMPLAINANT : ------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE C.I.OF MUHAMMA POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.5699 OF 2008 ------------------------------ Dated this the 30th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 392, 398 and 427 read with Section 34 of I.P.C. According to the prosecution, on 09.07.2008 at about 8 p.m. petitioner along with others trespassed into a toddy shop and assaulted the salesman, using weapons, and robbed Rs.8,000/- etc. 3. Learned counsel for the petitioner submitted that the petitioner's name was not mentioned in the F.I.R. and he came to know that he is implicated only when police came in search of him. He is innocent of the allegations made against him. Accused Nos.2 and 3 are also granted bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner is implicated in the F.I.R. itself and he is a known criminal. He is involved in other crimes and he is ordinarily referred to as 'karadi'. The petitioner is implicated in the present crime also, as 'karadi' in the F.I. Statement itself. B.A.5699 of 2008 2 The petitioner used chopper to commit the offence and he inflicted injury also. The petitioner is the 1st accused in the crime. On hearing both sides, on considering the nature of allegations made against the petitioner and also the nature of investigation required, particularly, the recovery to be effected through the petitioner, it is not fit to grant anticipatory bail. The alleged incident happened as early as on 09.07.2008 but the petitioner could not be arrested so far. Petitioner's arrest is required for an effective investigation. Hence, petitioner is directed to surrender before the Magistrate court concerned or the Investigating Officer and co-operate with investigation within seven days from today. With these directions, the petition is dismissed. K.HEMA, JUDGE pac