IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5337 of 2011 CRL.MP.563/2011 OD DISTRICT COURT, PATHANAMTHITTA CRIME NO.404/2011 OF PATHANAMTHITTA POLICE STATION PETITIONER/ACCUSED NOS.1&2 ---------------------------------------------- 1. AJI KUMAR, AGED 44 YEARS, S/O.GOPINATHAN, KANIYAMPADIKKAL, PUNNALATHU PADI, PATHANAMTHITTA. 2. ANU SAM, AGED 45 YEARS, S/O.SAMUEL, VADUTHALA HOUSE, PUNNALATHU PADI, PATHANAMTHITTA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5337 OF 2011 F ------------------------------------------------------ Dated this the 13th day of July, 2011 O R D E R This application for anticipatory bail under Section 438 of the Code of Criminal Procedure was filed by accused Nos.1 and 2 in Crime No.404 of 2011 of Pathanamthitta Police Station. After the Bail Application was filed, the first petitioner/first accused was arrested and, therefore, the Bail Application has become infructuous, in so far as it relates to the first petitioner/first accused. 2. The offences alleged against the petitioners are under Sections 451, 323 and 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 3.6.2011 at 10.15 A.M., the accused persons forcibly entered into the office of the de facto complainant and attacked him and snatched a gold chain weighing four sovereigns. 4. The offences alleged against the accused are serious in nature. BAIL APPL. NO.5337 OF 2011 F :: 2 :: The Bail Application is opposed by the learned Public Prosecutor. He submitted that the gold chain is to be recovered. The investigation is at the initial stage. At this stage, if anticipatory bail is granted to the second petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/