IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 Bail Appl..No. 4991 of 2008() ----------------------------- CRMP.7100/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.478/08 OF CHERTHALA POLICE STATION APPLICANT/ACCUSED NO.6:- ----------------------------------------- BIJU, AGED 31, S/O PARASANNAN, KOLLAPAMB HOUSE, VAYALAR PANCHAYATH, WARD NO.05, CHERTHALA BY ADV. SRI.P.VIJAYA BHANU SRI.THOMAS J.ANAKKALLUNKAL RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHERTHALA. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4991 of 2008 ----------------------------------------- Dated this the 12th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452, 427, 294B, 506(ii) and 323 read with 34 of Indian Penal Code and 27(ii) of the Arms Act. According to prosecution, accused 1 to 6 remained in the bar, even after the closing time, and an altercation developed between them and the employees of the bar. Thereafter, the petitioners committed various offences. On a complaint lodged by the de facto complainant, a crime was registered. 3. Learned counsel for petitioner submitted that the petitioner was only a customer in the bar. He was sitting in the bar and taking liquor. But, he has absolutely nothing to do with the offence. The offence took place at 10.45 PM on 15.7.2008. The incident happened since the employees of the bar refused to supply liquor stating that time is over. The bar is expected to close at 12 'O' clock at night. It is submitted. No specific allegation is made against the petitioner, who is the 6th accused in the crime, he added. 4. This petition is opposed. Learned Public Prosecutor submitted that the name of the petitioner is shown in the First BA.4991/08 2 Information Statement itself. According to prosecution, all of them have engaged themselves in causing damage to the articles in the bar by beating with chairs etc. Sword stick was also used and hence, it is not a fit case to grant bail, it is submitted. 5. On hearing both sides, I am satisfied, on the facts and circumstances of this case, that anticipatory bail cannot be granted. Petition is dismissed. K.HEMA, JUDGE vgs.