IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2285 of 2009() ----------------------------- CRMP.1059/2009 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.38/09 OF UPPUTHARA PLICE STATION PETITIONERS ------------------------------- 1. RAJAN, S/O.SHANMUGHAM, AGED 35, PUTHENPURACKAL HOUSE, UPUTHARA VILLAGE, IDUKKI DT. 2. SAJI.M.K., S/O.KANAKAMANI, AGED 39, MYLAMMOOTTIL HOUSE, DO. DO. DO. 3. ANNADARAJ @ ANANDAN, S/O.SANAKARASUBU, AGED 27, PADICKAL HOUSE, DO. DO. 4. MANOJ, S/O.DURAIPANDY, AGED 27, KUTTIKALAYIL HOUSE, DO. DO. DO. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, UPPUTHARA POLICE STATION, IDUKKI DT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ALONG WITH BA.2286/09 ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------- B.A.No. 2285 of 2009 & B.A.No.2286 of 2009 ----------------------------------------- Dated this the 12th May, 2009 O R D E R Accused 3 and 6 to 8 in Crime No.38 of 2009 of Upputhara Police Station and accused no.4 in Crime No.35 of 2009 of that Police Station are the petitioners herein. These petitions are filed for anticipatory bail. The allegations against the petitioners are that they have committed offences punishable under Sections 379 and 34 of the Indian Penal Code. 2. The case of the prosecution is that the on 19.2.2009 at about 11.30 am, the police found and seized 31 teak wood pieces worth Rs.45,000/- allegedly stolen and kept in an abandoned condition in a coffee plantation at Ettakkanam area of Uputhara Village. In connection with the said crime, accused 2, 3, 5 and 6 were subsequently arrested and they were later enlarged on bail. It is in connection with the said offence that the petitioners are before this Court with prayers for anticipatory bail. BA.2285 & 2286/09 2 3. In view of the allegations involved in the matter, I am not inclined to grant anticipatory bail in this matter. However, as stated earlier, accused 2, 3, 5 and 6 in the said crime were already enlarged on bail. 4. In the circumstances, the petitioners can be permitted to surrender before the investigating officer to have their applications for regular bail considered by the concerned Magistrate Court. The petitioners shall, therefore, surrender before the investigating officer on any day between 18.5.2009 and 21.5.2009 and in the event of their such surrender, they shall be produced before the Magistrate concerned by the investigating officer on the same day itself and in case they move application for regular bail, the Magistrate shall consider the same in accordance with law, preferably on the same day on which it is moved. Petitions are disposed of accordingly. C.T.RAVIKUMAR, JUDGE vgs.