IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 5145 of 2009 CRIME NO.1039 OF 2009 OF KADAVANTHRA POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- JOSEPH FEBIN ARUJA, S/O.FRANCIS ARUJA, AGED 21 YEARS, PADANNAPARAMBIL HOUSE, PONNURUNNI, MULAVUKAD, ERNAKULAM DISTRICT. BY ADV. SRI.P.A.MUJEEB RESPONDENT: COMPLAINANT -------------------------- THE C.I. OF POLICE, CENTRAL POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5145 OF 2009 ------------------------------------------------------ Dated this the 15th day of September, 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 the second accused in Crime No.1039 of 2009 of Kadavanthra Police Station. 2. The offences alleged against the accused persons are under Sections 450, 395 and 399 of the Indian Penal Code. 3. The prosecution case is that on 17.1.2009 at about 1.30 PM, the accused persons trespassed into the residential apartment in a multi storeyed building and committed the offence. The inmates of the apartment were put to fear of death by the accused persons by brandishing sword and other weapons and they robbed many valuables including a Rado watch and a gold chain. 4. Taking into account the facts and circumstances of the case and the materials on record, I do not think, the petitioner is B.A. NO. 5145 OF 2009 :: 2 :: entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The offences alleged against the petitioner are grave. If anticipatory bail is granted to the petitioner, it would seriously affect the proper investigation of the case. Learned counsel for the petitioner pointed out that the petitioner is a student of B.Com. B Degree and that he is not involved in any other case. That the petitioner is a student is not a ground for granting anticipatory bail in a case of this nature. I do not find any ground to allow the Bail Application. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/