P.Sahad vs The State Of Kerala on 3 February, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7489 of 2008()


1. P.SAHAD, AGED 23 YEARS (A3),
                      ...  Petitioner
2. P.C.NISAR, AGED 23 YEARS (A4),

                        Vs



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

                For Petitioner  :SRI.T.K.VIPINDAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :03/02/2009

 O R D E R
                           K.HEMA, J.

               -----------------------------------------
                        B.A.No. 7489 of 2008
               -----------------------------------------

            Dated this the 3rd February, 2009

                            O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 457 and 380

read with 34 of the Indian Penal Code. According to

prosecution, accused 1, 3 and 4 committed theft of rubber

sheets worth Rs.55,000/- and second accused was driving a

pick up van, into which those were loaded and accused 1 to 4

committed theft and other offences with a common intention.

The incident occurred on 22.10.2008.

3. Learned counsel for petitioners submitted that

petitioners are accused 3 and 4 and they have not committed

any offence. They are head load workers and they have only

loaded the rubber sheets under instructions and they have not

committed any theft, it is submitted. They may be granted

anticipatory bail, it is submitted.

4. This petition is opposed. Learned Public Prosecutor

submitted that as per the materials in the case diary,

petitioners have actually committed the theft and they are not

BA.7489/08 2

mere head load workers as alleged. It is not a fit case to grant

anticipatory bail, it is submitted.

5. On hearing both sides, considering the serious nature

of the allegations made, I am satisfied that it is not a fit case to

grant anticipatory bail. The crime is registered as early as on

22.10.2008 and petitioners are bound to co-operate with the

investigation.

Petitioner shall surrender before the

investigating officer forthwith and co-operate

with the investigation. Whether they surrender

or not, police is at liberty to arrest them and

proceed in accordance with law.

With this direction, petition is dismissed.

K.HEMA, JUDGE
vgs.