IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4788 of 2007()
1. ANU S.NAIR, AGED 24 YEARS,
... Petitioner
2. RENJITH @ KANNAN, AGED 23 YEARS,
3. SURENDRAN, AGED 33 YEARS,
Vs
1. THE CIRCLE INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.SALIM V.S.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :14/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4788 of 2007
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Dated this the 14th day of August 2007
O R D E R
Application for anticipatory bail. The petitioners are
accused 1,3 and 4. Altogether there are five accused persons.
Accused 2 has already been arrested. The crux of the allegations
against the accused persons is that on the night of 14/6/2007 at
about 10.30 p.m, the accused persons, who travelled in a car
attempted to rashly overtake a two wheeler in which the de facto
complainant was travelling. There was a quarrel. Police patrol
party who came that way were informed the incident. The police
party tried to settle the disputes. After the police party left, the
de facto complainant had gone to a ‘thattukada’. There the
accused persons allegedly reached and indulged in the culpable
overt acts. The de facto complainant was wrongfully restrained
assaulted and the gold chain belonging to him was thieved. F.I.R
about this incident was lodged only on the next morning. The de
facto complainant did not know the names and details of the
accused persons. Hence no one is named in the F.I.R.
Subsequent investigation revealed the identity of the miscreants
to the police. Accused 2 has been arrested. Petitioners are
wanted to be arrested. They apprehend imminent arrest.
B.A.No.4788/07 2
2. The learned counsel for the petitioners submits that
all the allegations are totally false. According to him, the de
facto complainant and the accused are all close friends. They
together had gone on some picnic on that day. As they were
returning, there was a dispute about the gold chain of the de
facto complainant which was lost. On account of that quarrel,
totally false allegations have been raised against the petitioners
now. It is prayed that anticipatory bail may, in these
circumstances, be granted to the petitioners.
3. In the light of the contentions raised, the learned
Public Prosecutor was requested to take detailed instructions.
The learned Public Prosecutor submits that the investigation has
revealed that there is no relationship whatsoever between the
accused persons and the de facto complainant. Investigation
revealed that the de facto complainant was not a friend or
relative of the accused persons and the de facto complainant did
not even know the names of the accused persons. Arrest and
interrogation of the petitioners is absolutely essential. The gold
chain which was thieved has not been recovered. A proper
investigation must make all efforts to recover the gold chain.
The petitioners may not be permitted to arm themselves with an
B.A.No.4788/07 3
order of anticipatory bail at this stage, submits the learned
Public Prosecutor.
4. I have considered all the relevant inputs. Having
considered all the relevant circumstances anxiously, I find merit
in the opposition of the learned Public Prosecutor.
Notwithstanding all claims made by the petitioners, there is
nothing tangible to indicate even the probability even remotely
of the claims made by the petitioners. I am certainly of the
opinion that this is not a fit case where directions under Section
438 Cr.P.C can or ought to be granted. The petitioners must
appear before the investigating officer or the learned Magistrate
having jurisdiction and then seek regular bail in the normal and
ordinary course.
5. In the result, this petition is dismissed. Needless to
say, if the petitioners surrender before the investigating officer
or the learned Magistrate and apply for bail, after giving
sufficient prior notice to the Prosecutor in charge of the case,
the learned Magistrate must proceed to pass appropriate orders
on merits, in accordance with law and expeditiously.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.4788/07 4
B.A.No.4788/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007