IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7018 of 2009()
1. JAYACHANDRAN, S/O.THANKAPPAN,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/03/2010
O R D E R
K.T. SANKARAN, J.
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B.A. No. 7018 of 2009
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Dated this the 4th day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is the accused
in Crime No.924/2009 of Cherthala Police Station, Alappuzha
District.
2. The offence alleged against the petitioner is under
Section 379 of the Indian Penal Code.
3. The case was registered on the basis of the
information given by the Additional Tahsildar, Cherthala to Circle
Inspector of Police, Cherthala. The Additional Tahsildar stated in
the petition that on 26.10.2009, under the leadership of the
Revenue Divisional Officer, a quantity of about 55 lorry loads of
sand unauthorisedly mined and stored in the property of one
Dinesan were seized. Later, on 31.12.2009, it was found that
about half of the quantity of the sand was removed. During
investigation, it was revealed that the petitioner had removed the
sand.
B.A. No. 7018 /2009 2
4. Taking into account the facts and circumstances of the
case, I do not think that this is a fit case where anticipatory bail
can be granted in favour of the petitioner. The petitioner is not
entitled to any discretionary relief under section 438 of the Code
of Criminal Procedure. Custodial interrogation of the petitioner
may be required in the case. If anticipatory bail is granted to the
petitioner, it would adversely affect the proper investigation of
the case.
For the aforesaid reasons, the Bail Application is dismissed.
K.T. SANKARAN, JUDGE
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