IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3684 of 2009 CRIME NO.132 OF 2002 OF IRINJALAKUDA POLICE STATION CMP.1358/2009 of CHIEF JUDL.MAGISTRATE, ERNAKULAM PETITIONER: 5TH ACCUSED: -------------------- MIRZAD, AGED 31 YEARS, S/O.GAFOOR, HARISIYA HOUSE, KAVALA BHAGAM, CHANTHIROOR P.O., ALAPPUZHA. BY ADV. SRI.M.B.PRAJITH SRI.BIJU JOSEPH RESPONDENTS: COMPLAINANT: --------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, IRINJALAKUDA POLICE STATION, (CRIME NO.132 OF 2002) IRINJALAKKUDA, THRISSUR. 3. THE STATION HOUSE OFFICER, HILL PALACE POLICE STATION, (CRIME NO.882 OF 2009) THRIPUNITHURA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3684 OF 2009 ------------------------------------------------------ Dated this the 20th July, 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 accused No.5 in Crime No.132 of 2002 of Irinjalakuda Police Station. 2. The offences alleged against the petitioner are under Sections 454 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioner is involved in the theft of 'Panchaloha Golaka' from Puthiyakavu Manakkapadi Temple at Vellangaloor, Thrissur District, in 2002. A crime was registered in the year 2002 as Crime No.132 of 2002 of Irinjalakuda Police Station. Learned Public Prosecutor submitted that in Crime No.878 of 2009 of Hill Palace Police Station, three persons were arrested. One of them gave a statement that they committed the theft of 'Panchaloha Golaka' from the aforesaid Temple and in that offence, the present petitioner is also involved. On the basis of that statement, Crime No.882 of 2009 was registered against the petitioner and others for the offence under Sections 380 and 454 read with Section 34 of the Indian Penal code. In Crime B.A. NO. 3684 OF 2009 :: 2 :: No.882 of 2009, the petitioner was arrested on 14.6.2009. He was released on bail on 19.6.2009. Learned Public Prosecutor submitted that steps are being taken to make appropriate application for cancellation of bail. At the same time, learned Public prosecutor submitted that in view of the release of the petitioner on bail in Crime No.882 of 2009, the petitioner will not be arrested in Crime No.132 of 2002 of Irinjalakuda Police Station unless authorized by the Court. This submission is recorded. The Bail Application is accordingly closed. (K.T.SANKARAN) Judge ahz/