IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1316 of 2007()
1. K.K.MOHANDAS, AGED 58 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :06/03/2007
O R D E R
V. RAMKUMAR, J.
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B.A. No. 1316 OF 2007
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Dated this the 6th day of March, 2007
O R D E R
Petitioner, who is the 2nd accused in Crime No.28/2007 of
Kottayam East Police Station for offences punishable under sections
379, 411 and 468 read with section 34 IPC, seeks anticipatory bail.
2. Learned Public Prosecutor opposed the application.
3. The case of the prosecution is that on 19.01.2007 the police
conducted a search in the house of the first accused Muraleedharan,
who conducts a medical shop, and recovered surgical instruments worth
Rs.81,871/- supplied by the Government of Kerala to the Medical
College Hospital, Kottayam. Subsequent investigation revealed that the
petitioner, who was a Nursing Assistant who retired from the Medical
College Hospital, had committed theft of these surgical instruments from
the hospital with the assistance of the first accused, who had kept the
same for sale in his house.
4. It is too early to accept the petitioner’s contention that since
he retired from service in the year 2004, it is not possible at all for him to
commit theft of the surgical instruments in question. Anticipatory bail
cannot be granted in a case of this nature. But at the same time, I am
inclined to permit the petitioner to surrender before the Investigating Officer
BA.1316/07
: 2 :
for interrogation and then to have his application for regular bail considered
by the Magistrate concerned. Accordingly the petitioner is directed to
surrender before the Investigating Officer on any day between 13.3.2007 and
15.3.2007 for the purpose of interrogation and recovery of incriminating
materials, if any. He shall, thereafter, be produced on the same day before
the Magistrate having jurisdiction. The Magistrate shall consider and dispose
of the application, if any, filed by the petitioner for regular bail, preferably on
the same date on which it is filed.
This application is disposed of as above.
(V. RAMKUMAR, JUDGE)
aks