IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 Bail Appl..No. 11 of 2009() ------------------------------------- CRIME NO.NOT KNOWN , KURAVILANGADU POLICE STATION. ........ PETITIONER(S): -------------------- ANEESH K.JOSE, 24 YEARS, S/O.JOSE VARGHESE KOTTARAMKUNNEL HOUSE, VATTAYAR PO., KURISUPURA, IDUKKI DISTRICT BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT(S): STATE ------------------------- 1. SUB INSPECTOR OF POLICE KURAVILANGADU POLICE STATION, KOTTAYAM, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. 2. CIRCLE INSPECTOR OF POLICE, ETTUMANNOOR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVIN GCOME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------- B.A. No.11 OF 2009 --------------------------- Dated this the 12th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 294(b), 308, 354, 323 and 34 of I.P.C. According to prosecution, accused nos.1 to 3 trespassed into the house of the defacto complainant and assaulted him and his wife and committed various offences. Petitioner is the third accused in the crime. 3. Learned counsel for petitioner submitted that petitioner is a 24 year old Electrical Engineering student and he is absolutely innocent of the allegations made. He is not involved in any other case. For repeated questions put by this court learned counsel only asserted the innocence and nothing more. 4. This petition is opposed. Learned Public Prosecutor submitted that case diary reveals involvement of the petitioner in the offence as third accused. On the nature of the allegations, it is not a fit case to grant anticipatory bail. On hearing both sides and on considering the nature of B.A.No.11 of 2009 2 allegations made, I am satisfied that it is not a fit case to grant anticipatory bail. Bare assertions of innocence is not sufficient for this court to invoke the provisions contained in section 438 Cr.P.C. It is open to any accused, who files anticipatory bail application, to make such assertions of innocence. That cannot be made a ground to grant anticipatory bail. The incident occurred on 09.08.2008 and petitioner is not so far co-operated with the investigation. Petitioner is directed to surrender before the Investigating Officer or the Magistrate court concerned and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac