IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 Bail Appl..No. 5755 of 2008() ----------------------------- (CRIME NO.827/2008 OF HILL PALACE POLICE STATION) PETITIONER --------------------------- LAKSHMANA NAIK, AGED 44 YEARS, S/O. PURUSHOTHAMA NAIK, KAVALAKKAL HOUSE, KADAVIL, VAIKOM ROAD, THEKKUMBHAGOM, TRIPUNITHURA. BY ADV. SRI.D.CHANDRASENAN SRI.T.K.SHAJAHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, HILL POLICE STATION. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------------------ Bail Appl. No. 5755 of 2008 ------------------------------------------------ Dated this the 19th day of September, 2008. ORDER Petition for anticipatory bail. 2. The alleged offences are under Sections 379, 411 and 34 of Indian Penal Code. According to prosecution, the petitioner allegedly received stolen property (gas cylidner) knowing them to be stolen. Petitioner is accused no.3 in the crime. 3. Learned counsel for the petitioner submitted that petitioner is innocent of the allegations made. He only introduced customers to the first accused. He got acquainted with an autorickshaw driver and the said autorickshaw driver is responsible for everything. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner is already arrested in connection with another crime and he is in custody. The arrest in this case is not recorded since anticipatory bail application is pending before this Court. As per the materials in the case diary, petitioner has knowingly received stolen properties. 2 On hearing both sides, I find that this is not a fit case to grant anticipatory bail. From the assertions made by learned counsel for the petitioner I cannot infer the innocent of the petitioner. Petition is dismissed. Sd/- K. HEMA, JUDGE. Krs.