IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 Bail Appl..No. 257 of 2009() -------------------------------------- CRIME NO.1180/2008 OF KUNNAMKULAM POLICE STATION .............. PETITIONER (S): --------------------- ANILAN, S/O. VELAYUDHAN, KALIPARAMBIL HOUSE, KANIPAYYOOR, KUNNAMKULAM, THRISSR. BY ADVS. MR.RAJIT MR.RANJIT BABU RESPONDENT(S): ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 257 of 2009 ----------------------------------------- Dated this the 10th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 399 and 34 of the Indian Penal Code. According to prosecution, a car was seen under suspicious circumstances, when the police was on patrol duty. On seeing the police, two persons ran away and four persons were arrested from the car. On search, iron rod, sword, axe blades, plastic ropes, chilly powder etc. were found in the car. Petitioner is the 6th accused in the crime. 3. Learned counsel for petitioner submitted that petitioner is a resident of Kunnamkulam and accused 1 to 3 hail from another district and he has no acquaintance with them. He is absolutely innocent of the allegations made. Petitioner is implicated because of political animosity. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the crime was registered as early as on 1.11.2008 and petitioner could not be arrested so far. BA.257/09 2 Considering the serious nature of allegations made, it is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that the nature of allegations made against petitioner is serious and it is not a fit case to grant anticipatory bail. Regarding false implication, there is only bare assertion. Petitioner is bound to surrender and co-operate with the investigation. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. (2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court. Petition is dismissed. K.HEMA, JUDGE vgs.