IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 Bail Appl..No. 5896 of 2011() ----------------------------- CRIME NO.275/2009 OF HARIPPAD POLICE STATION PETITIONER/ACCUSED -------------------- SANTHOSH KUMAR, S/O. APPUKKUTTAN, AGED 33 YEARS, KETTISSERIKIZHAKKATHIL, PADA NOTH, KARUNAGAPPALLI. BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.SUNIL J.CHAKKALACKAL RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY S.H.O. OF POLICE, HARIPPAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------- Bail Appln.No.5896 of 2011 ------------------------------------------ Dated this the 11th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.17 in Crime No.275 of 2009 of Haripad Police Station. 2. The offences alleged against the petitioner are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- Accused Nos.1 to 6 committed theft of gold bars worth Rupees Sixty lakhs on 13/05/2009 from the Shop Assistant of Bhima Jewellery. The case against the petitioner is that he helped the other accused in the matter of disposal of the stolen gold. 4. The allegations levelled against the petitioner are grave in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Bail Appln.No.5896/2011 : 2 : Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj