IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 257 of 2009()
1. ANILAN, S/O. VELAYUDHAN, KALIPARAMBIL
... Petitioner
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.RAJIT
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/02/2009
O R D E R
K.HEMA, J.
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B.A.No. 257 of 2009
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Dated this the 10th February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 399 and 34 of
the Indian Penal Code. According to prosecution, a car was
seen under suspicious circumstances, when the police was on
patrol duty. On seeing the police, two persons ran away and
four persons were arrested from the car. On search, iron rod,
sword, axe blades, plastic ropes, chilly powder etc. were found
in the car. Petitioner is the 6th accused in the crime.
3. Learned counsel for petitioner submitted that
petitioner is a resident of Kunnamkulam and accused 1 to 3
hail from another district and he has no acquaintance with
them. He is absolutely innocent of the allegations made.
Petitioner is implicated because of political animosity.
4. This petition is strongly opposed. Learned Public
Prosecutor submitted that the crime was registered as early as
on 1.11.2008 and petitioner could not be arrested so far.
BA.257/09 2
Considering the serious nature of allegations made, it is not a
fit case to grant anticipatory bail, it is submitted.
5. On hearing both sides, I am satisfied that the nature
of allegations made against petitioner is serious and it is not a
fit case to grant anticipatory bail. Regarding false implication,
there is only bare assertion. Petitioner is bound to surrender
and co-operate with the investigation. Hence, the following
order is passed:
(1) Petitioner shall surrender before the
investigating officer and co-operate with the
investigation. Whether he surrenders or not,
police is at liberty to arrest him and proceed
in accordance with law.
(2) No further application for anticipatory bail
by petitioner in this crime will be
entertained by this Court.
Petition is dismissed.
K.HEMA, JUDGE
vgs.