IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3273 of 2010()
1. FAIZAL.K,S/O.AHMED KUTTY,AGED 29 YEARS,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.K.A.SALIL NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :01/07/2010
O R D E R
K.HEMA, J
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B.A No.3273 OF 2010
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Dated this the 1st day of July 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 457, 380 r/w 34 of
IPC. According to prosecution, first and second accused were
arrested under suspicious circumstances by Thamarassery police
on 02/05/2010. On questioning, it was revealed that they, along
with third and fourth accused, committed theft of rubber sheet and
latex and the place of incident is within the limits of
Peruvannamuzhy police station. The case was transferred to that
police station. As per the prosecution case, accused numbers 1 to
4 went to the place of occurrence and A1 to A3 broke open the
building and removed the stolen articles in the autorikshaw
belonging to fourth accused. After selling the same, Rs.5,000/- was
given to fourth accused.
3. Petitioner is the fourth accused. Learned counsel for
petitioner submitted that petitioner is absolutely innocent of the
allegations made. His name is not mentioned in the FIR. He is
implicated only because of a confession statement of the co-
accused. There is no evidence against him, it is submitted.
B.A No.3273 OF 2010 2
4. This petition is opposed. Learned Public Prosecutor
submitted that on questioning the accused who were arrested,
it has come out that the autorikshaw belonging to petitioner
was used for transportation of the stolen articles. It is also
revealed that after the theft, Rs.5,000/- which was obtained
after selling the stolen articles was handed over to petitioner.
Petitioner’s custodial interrogation is necessary for effecting the
recovery of autorikshaw and for effective investigation, it is
submitted.
5. On hearing both sides, taking into consideration the
serious allegations made against petitioner and the need for
recovery and custodial interrogation,I am satisfied that this is
not a fit case to grant anticipatory bail. Petitioner is bound to
surrender before the Investigating Officer and co-operate with
investigation without any delay.
Petition is dismissed.
K.HEMA
JUDGE
vdv