Jithin Jose vs State Of Kerala on 6 November, 2009

Kerala High Court
Jithin Jose vs State Of Kerala on 6 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3536 of 2009()


1. JITHIN JOSE, AGED 26 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/11/2009

 O R D E R
                      K.T. SANKARAN, J.
                   ---------------------------
                   B.A. No. 3536 of 2009
               ------------------------------------
           Dated this the 6th day of November, 2009


                          O R D E R

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is

accused No.1 in Crime No. 168/2009 of Nallalam Police Station.

2. The offences alleged against the petitioner are under

Sections 365 and 395 of the Indian Penal Code.

3. The prosecution case is the following:

The defacto complainant is working in a travel agency, run

by his relative in Wayanad. On 12.04.2009, the defacto

complainant came to Calicut as directed by his employer to give

Rs.1,25,000/- to a travel agency at Ramanattukara. From

Wayanad, the defacto complainant came to Calicut. From the

Bus Stand at Mavoor road, he got into a bus to go to

Ramanattukara. He was told the said bus was not passing

through Ramanattukara. The defacto complainant was directed

to get down at Meenchantha. He got down at Meenchantha. In

order to make a call to his employer, he wanted to get a coin.

B.A. No. 3536 of 2009 2

He got into a shop to purchase cigarettes so that he could get the

changes. At that time, the accused persons came in a Tavera

Car, stopped in front of the shop and forcibly took the defacto

complainant into the vehicle and left the car.

4. The defacto complainant was beaten by the accused

persons and the money in his possession was taken by them.

Thereafter, he was left at Chalapuram in Kozhikode. The car was

found in an abandoned stage in the Calicut city itself. On a search

of the car, Mobile phones belonging to some of the accused

persons, the dress belongs to some of the accused persons and

other articles belongs to other accused persons were found in the

car. The car belongs to another person. The petitioner herein

had driven the car at the relevant time of commission of the

offence.

5. In the facts and circumstances of the case, I do not think

that this is a fit case where Anticipatory Bail can be granted to

the petitioner. The petitioner does not deserve to get the

discretionary relief under Section 438 of the Code of Criminal

Procedure. If anticipatory bail is granted to the petitioner, it

B.A. No. 3536 of 2009 3

would adversely affect the proper investigation of the case. In

the facts and circumstances, custodial interrogation would be

required.

For the aforesaid reasons, the bail application is dismissed.

K.T. SANKARAN, JUDGE

ln

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