IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Bail Appl..No. 6984 of 2008() ----------------------------- CRIME NO. 288/2008 OF PETTA POLICE STATION, TRIVANDRUM CITY PETITIONER/2ND ACCUSED:- ------------------------------ RAJESH S,S/O. SASI, KOLLOOR THOTTUVARAMBIL VEEDU,KANNAMULA, MEDICAL COLLEGE PO, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, PETTA POLICE STATION,THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6984 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 5 of the Explosive Substances Act and 7 of the Arms Act. According to prosecution, police conducted a raid in the house of 1st accused and from the shed attached to the house certain articles were seized such as sword, axe, hammer and country bombs. On seeing the police, four persons ran away from the spot and they were identified. Petitioner is one among them. Three persons who were also allegedly identified were arrested subsequently. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. He has been falsely implicated. The accused who were arrested in this case did not mention name of petitioner, it is submitted. There is nothing to connect him with the crime. It is submitted that persons who were arrested in this case were granted bail. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that co-accused had filed application for anticipatory bail before this Court and it was dismissed by this Court. Petitioner is similarly placed as that of the petitioner therein who BA 6984/08 -2- was found running away from the scene. Petitioner is a gunda and he is involved in various other crimes and he is known to the police. Petitioner was identified from the spot itself and his name was mentioned in the First Information Statement itself. He is an accused as per the First Information Statement. 5. On hearing both sides, considering the serious nature of allegations made, I am not inclined to grant anticipatory bail. Though learned counsel for petitioner would assert the innocence of petitioner, such assertions are not supported by any materials. Hence, I am not, at this stage, impressed by the plea of innocence. Grant of bail to co-accused is not a ground to grant anticipatory bail. Crime was registered as early as on 3-10-2008 and petitioner was not available for interrogation and investigation. Hence, 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 him at any time and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.