IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Bail Appl..No. 6310 of 2008() ----------------------------- CRIME NO. 227/2007 OF NORTH PARAVUR POLICE STATION PETITIONER (S): 5TH ACCUSED:- -------------------- NISHANTH K.S.AGED 22 YEARS, S/O. SUBRAMANIAN, KADAMPARAMBIL HOUSE, KAITHARAM, NORTH PARAVUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.227/2007 OF NORTH PARAVUR POLICE STATION) PUBLIC PROSECUTOR SRI. AMJAD ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6310 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November,2008 O R D E R Petition for anticipatory bail. 2. According to prosecution, 1st accused wanted de facto complainant to give money for conducting his case. Since this was refused, 1st accused called de facto complainant to come over to a place and from there, 1st accused and six others committed decoity. Gold chain and Rs.250/- were taken away from de facto complainant 3. Learned counsel for petitioner submitted that petitioner is absolutely innocent of the allegations made. He is the 5th accused in the crime. His name was not mentioned in the First Information Statement. De facto complainant and accused are known to each other. There was some difference of opinion between 1st accused and de facto complainant regarding money transaction but all other allegations are denied. 4. This petition is opposed. Learned Public Prosecutor submitted that crime was registered as early as on 20-3-2007. Except accused 4 and 5, all other accused were arrested in this case. Petitioner is 5th accused who was absconding for a very long time and he has not co-operated with the investigation. There is nothing on record to substantiate the assertions made on behalf BA 6310/08 -2- of petitioner. It is not a fit case to grant anticipatory bail, it is submitted. 5. On hearing both sides, I am satisfied that in the nature of allegations made, this is not a fit case to grant anticipatory bail. Petitioner was not available for investigation for a long time. Petitioner's name is not mentioned in the First Information Statement and he was described as a person identifiable by sight. Hence, petitioner will be required for investigation and identification. He ha not surrendered to law so far. Therefore, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest petitioner at any time and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.