IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2436 of 2009(D) ------------------------------------- CRIME NO.82/2009 OF KOOTHUPARAMBA POLICE STATION PETITIONERS/ACCUSED : ------------------------------ 1. DINESAN.V.P., S/O. NANU, AGED 25 YEARS, PAZHAYEDATH HOUSE, PATHIRIYAD.P.O., KANNUR DIST. 2. V.K.MUHAMMED, S/O. KOTTARATHIL MAMMED HAJI, SANKARANELLOOR.P.O., KANNUR DIST. BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE : ----------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KOOTHUPARAMBA POLICE STATION. 2. STATE REP. PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2436 of 2009 ------------------------------------ Dated this the 21st day of May, 2009 ORDER This is an application for anticipatory bail under Section 438 of Code of Criminal Procedure. The first petitioner is the second accused, while one Shajahan is the first accused in Crime No.82/2009 of Koothuparamba Police Station. Offence alleged against the accused is under Section 392 of Indian Penal Code. 2. The learned Public Prosecutor submits that the second petitioner is not arrayed as an accused in the case at present. 3. The prosecution case is that while the defacto complainant was travelling on a bike, the accused who came in a car obstructed the bike and forcefully took an amount of Rs.3,95,000/-, purse and mobile phone from the defacto complainant 4. In the nature of the allegations levelled against the accused persons, I do not think that anticipatory bail can be granted. If anticipatory bail is granted at this stage, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed . K.T. SANKARAN, JUDGE scm