IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 8439 of 2011() ----------------------------- CRIME NO.1312/2011 OF KUNNAMKULAM POLICE STATION APPLICANTS/ACCUSED NOS. 1, 3 & 5 ------------------------------------------ 1. SHAFEEQUE, AGED 21 YEARS, S/O.ABOOBACKER, PARAMEL HOUSE, CHIRAKAL DESOM, KATTAKAMPAL VILLAGE, THRISSUR. 2. AFSAL, AGED 21 YEARS, S/O.IBRAHIM, MUTTIPALATHINGAL HOUSE, CHIRAKAL DESOM, KATTAKAMPAL VILLAGE, THRISSUR. 3. SHAHID, S/O.LATE KUNJUMON, PAYYUVALAPPIL HOUSE, CHIRAKAL DESOM, KATTAKAMPAL VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE S.I. OF POLICE, KUNNAMKULAM POLICE STATION. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8439 of 2011 --------------------------- Dated this the 8th day of November, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3 and 5 in Crime No.1312 of 2011 of Kunnamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 448, 436 and 506(i) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 28.9.2011, during night, the accused persons set fire to a shed belonging to the de facto complainant in which valuable articles were kept and thereby the de facto complainant sustained a loss of ` 5 lakhs. 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I BA 8439/11 2 do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, 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 csl BA 8439/11 3