IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 Bail Appl..No. 3410 of 2008() ----------------------------- CRIME NO.71/2008 OF ATTINGAL POLICE STATION PETITIONERS : ACCUSED NOS.1 & 2: ----------------------------------- 1. GOPI, S/O.SOMAN PILLAI, AGED 41 YEARS, THENGATH HOUSE, ANOOPARA P.O., EDACODE VILLAGE, CHIRAYINKEEZH TALUK. 2. ZERIN, S/O.BHASKARAN, AGED 40 YEARS, PADINJATTETHIL HOUSE, CHIRAYINKEEZH, CHIRAYINKEEZH VILLAGE, CHIRAYINKEEZH TALUK. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3410 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2008 O R D E R Application for anticipatory bail. 2. Petitioners are accused 1 and 2. According to the prosecution, on 11-1-2008 at about 1.45 p.m. the defacto complainant and his driver went to the house of the 1st accused for giving some suggestions on Vastu in the construction of his house. When they reached there, at about 11 persons entered into the house, assaulted the defacto- complainant and caused serious injuries, robbed 16 ¼ sovereigns of gold, cash of Rs.72,500/- and two mobile phones worth Rs.20,000/- and three signed blank cheque leaves. They also took videographs of the defacto-complainant making a statement that he had some illicit relationship with a lady. A crime is registered on the basis of a statement given by the defacto-complainant for offences under sections 143, 144, 363, 386, 324, 149 IPC etc. 3. The learned counsel for the petitioners submitted that they are innocent of the allegations made. Some persons in the locality went to the house and committed the various offences, but the petitioners have BA 3410/08 -2- absolutely no knowledge about the same. It is understood that defacto- complainant is having affair with a woman whose relatives are residing close to the the place of occurrence and they committed the offences. The learned counsel for the petitioners also pointed out that though the incident occurred on 11-1-2008, the crime was registered only on 31-1-2008 and there is a long delay in lodging the complaint. 4. Learned Public Prosecutor submitted that as per the prosecution case, the petitioners are involved in the offences and the application is opposed. 5. On hearing both sides, it is not understood why the petitioners themselves did not make a complaint to the police had they been innocent of the allegations made. In the nature of the incident alleged by the prosecution, if the petitioners are innocent, it is likely that they will inform the police. On the facts and circumstances of the case, I am satisfied that it is not fit to grant anticipatory bail to the petitioners. The application is dismissed. K. HEMA, JUDGE. mn.