IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 279 of 2009() --------------------------------------- (CRIME NO.380/07 OF KADAKKAL POLICE STATION) PETITIONER/ ACCUSED 3: ---------------------------------------- SHIJIN,S/O.THOMAS, "HOSHMA" NEAR PEYAD POST OFFICE, VILAPPIL VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. MRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): ----------------------------- THE SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. --------------------------------------------------- Bail Appl. No. 279 of 2009 --------------------------------------------------- Dated this the 5th day of February, 2009. ORDER Petition for anticipatory bail. 2. The alleged offences are under sections 379 and 34 of IPC. According to prosecution, petitioner (A3) and A4 committed theft of Maruti Alto Car and handed it over to A2 and A5. A1 and A5 were arrested. The theft was committed between 9.9.2007 and 10.10.2007. 3. According to learned counsel for petitioner, there is no evidence to connect petitioner with the crime. It is only on the basis of the statement given by first accused that he is implicated and therefore anticipatory bail may be granted, it is submitted. 4. Learned Public Prosecutor opposed this bail application and submitted that petitioner's involvement is revealed from the case diary and he is required for the purpose of investigation. Petitioner along with 4th accused have committed theft and though the car is recovered, petitioner's interrogation will be required. [B.A.No.279/09] 2 5. On hearing both sides, considering the serious nature of allegation made, I am satisfied that this is not a fit case to grant anticipatory bail. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer within seven days from today and co- operate with the investigation. Whether he surrenders or not, the police is at liberty to arrest him and proceed in accordance with law. 2) No further application for anticipatory bail by petitioner in this crime will be entertained by this Court hereafter. Petition is dismissed. K. HEMA, JUDGE. Krs.