IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5783 of 2011() ----------------------------- CRIME NO.1318/2011 OF ERNAKULAM TOWN NORTH POLICE STATION PETITIONER/ACCUSED : --------------------- SHAJI, S/O.C.M.ISMAIL, ANCHUNIRATHUNDIYIL HOUSE, S.R.M.ROAD, KALOOR. KOCHI. BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT/STATE -------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5783 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.3 in Crime No.1318 of 2011 of Ernakulam Town North Police Station. 2. The offences alleged against the petitioner are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that accused Nos.1 and 2 committed theft of 25 TMT Bars from a construction site near the shop of accused No.3. Accused No.3 is running a scrap shop in which accused No.1 is also employed. The prosecution case is that accused No.3 instigated accused Nos.1 and 2 to commit theft. 4. Taking into account the facts and circumstances of the case and the nature and gravity of the offences, I do not think that this is a fit case where anticipatory bail can be granted. If anticipatory bail is granted, it would seriously affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj