IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 Bail Appl..No. 7455 of 2008(B) ------------------------------------------ (CRIME NO. 602/2008 OF SASTHAMCOTTA POLICE STATION) ................ PETITIONERS/ACCUSED: ------------------------------------ 1. SUBHASH, AGED 24 YEARS, S/O.SOMARAJAN, ALTHARAVADAKKETHIL VEEDU, VADAKKUMTHALA MEKKU MURI, VADAKKUMTHALA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. MOHANAN @ MANIYAN, AGED 48 YEARS, S/O.DAS 'CHAITHRAM', AKKAL MURI, PANMANA VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. MR.P.V.DILEEP. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S. SIVA KUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 7455 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 29th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 353, 506(ii) read with section 34 IPC. According to prosecution, petitioners who are accused 1 and 2 were engaged in removing earth unauthorizedly from the property of one Thahakunju and when Village Officer and other officers visited the property, petitioners drove two vehicles and deterred the officials from discharging the official duty and criminally intimidated them in furtherance of common intention. 3. Learned counsel for petitioners submitted that originally as per the First Information Statement lodged by the Village Officer, the vehicles involved are tipper lorry bearing registration no.KL2-U/3886 and JCB bearing registration no.KL- 23/8643. Present case of the prosecution is that vehicles involved are registration nos. KL-23/8641 and KL-40/3935 which belong to petitioners and hence, petitioners may be granted anticipatory bail, it is submitted. Learned counsel for petitioners submitted that petitioners are owners of those vehicles and it is not clear from the statement whether petitioners or the drivers were committing the offence. BA 7455/08 -2- 4. This petition is opposed. Learned Public Prosecutor submitted that the Village Officer has committed a mistake in giving the number of the vehicle but, on investigation, it was revealed that number was wrongly stated by Village Officer. The mistake was revealed from the statement of the witnesses who had witnessed the incident. It is also submitted that the witnesses have clearly identified persons who had been driving the vehicle and those are petitioners themselves. Considering the nature of allegations made, this is not a fit case to grant anticipatory bail, it is submitted. 5. On considerations of the allegations made and nature of offence committed, I am satisfied that it may not be proper to grant anticipatory bail to petitioners. Though certain discrepancies are pointed out, learned Public Prosecutor has explained those with reference to the statement given by witnesses. The incident occurred as early as on 24-9-2008 and petitioners are required for investigation. Hence, petitioners are directed to surrender before the Magistrate court concerned or before the Investigating Officer without any delay and co- operate with the investigation. Whether they BA 7455/08 -3- surrender or not, police is at liberty to arrest them and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.