IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5709 of 2008() ----------------------------- CRMP.3280/2008 IN CRIME NO.893/08 OF THODUPUZHA POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- M.T.MADHU, S/O. THANKAPPAN, AGED 25 YEARS, MATUPARATHOTTATHIL, MANKULAM P.O., VIRIPARA, MANKULAM VILLAGE, DEVIKULAM TALUK. BY ADV. SRI.K.V.SABU RESPONDENT: COMPLAINANT ------------------------ SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5709 of 2008 ------------------------------------------------- Dated this the 19th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. This is a second application for bail. The alleged offences are under Sections 457 and 511 of 380 read with Section 34 IPC. 3. Learned counsel for the petitioner submitted that petitioner is absolutely innocent of the allegations made and that he is dismissed from service and a false case is foisted against him. This petition is opposed. 4. I have considered the merit of the various contentions raised by both sides, in my order dated 13.8.2008 in B.A.No.5078/08 in detail. I do not find any change in the circumstances which persuade me to come to a different view and grant anticipatory bail. The incident occurred as early as on 15.7.2008 and petitioner was not available for arrest so far. His presence will be required for investigation and hence, petitioner is directed to surrender before the Investigating Officer within seven days. BA No.5709/08 2 5. Learned counsel for the petitioner submitted that the Magistrate Court may be directed to dispose of the bail application without delay. In case, petitioner is arrested and produced before the Magistrate court and if any bail application is filed, such application shall be disposed of on merit without delay. The petition is dismissed. K.HEMA, JUDGE csl