IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 632 of 2010()
1. KUTTAN @ SAJEESH
... Petitioner
2. ALSHAM,
3. SADEER,
4. RIYAD,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.K.MUHAMMED
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A.No.632 of 2010
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Dated this the 11th day of February, 2010
ORDER
This is an application for anticipatory bail under Section
438 of the Code of Criminal Procedure. The petitioners are
accused Nos.1, 6, 4 and 5 respectively in Crime No.71 of 2010
of Varkala Police Station.
2. The offences alleged against the petitioners are under
Sections 143, 147, 149, 447, 323, 379, 506 and 452 of the Indian
Penal Code.
3. The gist of the prosecution case is the following: The
de facto complainant runs a soap factory in a rented building.
On 16.1.2010, at 2 P.M., the de facto complainant saw six
persons engaged in consuming alcohol near a silica tank inside
the premises of the soap factory. The de facto complainant
questioned the acts of the accused and stated that it was not
possible for them to consume alcohol in the factory premises. At
that time, the accused persons pushed him and assaulted him.
The de facto complainant fell down. At that time, the accused
persons committed theft of the mobile phone belonging to the
BA No.632/2010 2
de facto complainant. It is alleged that the accused persons
entered into the factory building and destroyed the soap cutting
table inside the factory. It is also alleged that the accused
persons urinated into the tank in which the silica solution was
kept.
4. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and the allegations
levelled against the petitioners, I do not think that this is a fit
case where anticipatory bail can be granted to the petitioners.
The petitioners are not entitled to the discretionary relief under
Section 438 of the Code of Criminal Procedure. If anticipatory
bail is granted to the petitioners, it would adversely affect the
proper investigation of the case.
For the aforesaid reasons, the Bail Application is
dismissed.
K.T.SANKARAN,
JUDGE
csl