IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3167 of 2008()
1. ALEXANDER LUCOSE, S/O. LUCOSE,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.C.S.MANILAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :26/05/2008
O R D E R
K.HEMA, J.
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B.A.No.3167 of 2008
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Dated this the 26th day of May, 2008
O R D E R
This petition is for anticipatory bail.
2. According to prosecution, on 11.4.2008, one of the teak
poles belonging to the Electricity Board was stolen and it was
recovered from the courtyard of the house of the petitioner on the
next day. A complaint was lodged for offence of theft under Section
379 IPC and crime was registered on the basis of the statement
given by the Assistant Engineer of the Electricity Board.
3. Learned counsel for petitioner submits that the petitioner is
totally innocent of the allegations made. He is a reputed
businessman running furniture business. He has nothing to do with
the crime. If at all the prosecution case is accepted, the offence can
only be a case of Section 411 IPC. Hence he may be granted
anticipatory bail, it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that other accused are involved in the crime and their
involvement has to be investigated into. Unless the petitioner is
arrested and interrogated, investigation cannot be effective. The
BA.3167/08 2
arrest and custodial interrogation of the petitioner are required for
an effective investigation, it is submitted. If the petitioner is
granted anticipatory bail, it will adversely affect the investigation. I
am satisfied with the submission made by learned Public Prosecutor
and I do not find that it is a fit case to grant anticipatory bail.
The petition is dismissed.
K.HEMA, JUDGE
vgs.