IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6675 of 2008()
1. DIGESH.P., S/O.K.P.V. DAMODHARAN,
... Petitioner
2. JAYESH T.V., S/O.CHERIAKKAN, AGED 23
3. VINOD T.V., S/O.O.KARUNAKARAN,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.M.V.AMARESAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/02/2009
O R D E R
K.HEMA, J.
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B.A. No.6675 OF 2008
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Dated this the 4th day of February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
447, 379, 435 read with 149 of I.P.C. According to
prosecution, petitioners (accused nos.1 to 3) along with others
formed into an unlawful assembly and trespassed into the
porch of the house of defacto complainant and took away the
motor cycle from the porch and set fire to the same and
thereby the defacto complainant suffered a loss of Rs.20,000/-.
3. According to petitioner, the incident did not occur, as
alleged. Petitioners are members of CPI(M) and they are
innocent of the allegations made. The investigation is almost
over and petitioner is ready to co-operate with the
investigation and hence, anticipatory bail may be granted, it is
submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that the crime was registered as early as on
09.10.2008 and petitioners are not available for investigation.
B.A.No.6675 of 2008
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They are required for the purpose of interrogation and
investigation. On the facts of this case, it is not a fit case to
grant anticipatory bail, it is submitted.
On hearing both sides, considering the serious nature of
the allegations made and also the stage of the investigation, I
am satisfied that it is not a fit case to grant anticipatory bail.
No special circumstance is pointed out to invoke Section 438
Cr.P.C. Petitioners are required for investigation and hence
the following order is passed :-
i) Petitioners shall surrender before the
Investigating Officer forthwith and co-
operate with the investigation. Whether they
surrender or not, police is at liberty to arrest
them and proceed in accordance with law.
ii) No further application for anticipatory bail
by petitioners will be entertained by this
court in this crime, since considering the
facts and nature of the allegations made, this
court has already found that it is not a fit
case to grant anticipatory bail and any order
B.A.No.6675 of 2008
3
to the contrary will amount to review of this
order, which is not permissible in law.
The petition is dismissed.
K.HEMA, JUDGE
pac