IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7990 of 2011() ----------------------------- CRIME NO.628/2011 OF EAST KALLADA POLICE STATION, KOLLAM PETITIONERS/ACCUSED NO.2 & 3 : ------------------------------------- 1. WILSON @ SHIBU,S/O.LAILA MARY, SHEEBA VILASOM,KARIKKUZHI,PADAPPAKKARA, KUNDARA, KOLLAM DISTRICT. 2. JOSE PRAKASH,S/O.GLORY,AGED 45 YEARS, KALPPADAKODIYIL,ARINALLOOR PO,PERINGALAM, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE, EAST KALLADA POLICE STATION,THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7990 of 2011 --------------------------- Dated this the 10th day of October, 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.2 and 3 in Crime No.628 of 2011 of East Kallada Police Station, Kollam District. 2. The offence alleged against the petitioners is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following : On 14.8.2011, a country boat was seized on the ground that it was used for unauthorised removal of sand. After seizing the boat, it was kept in a kadavu. On the same day, the boat was found stolen. Later, on 21.9.2011, the boat was seen in the possession of accused Nos.1 and 2. On seeing the police, accused No.2 escaped. Accused No.1 was arrested. Investigation revealed the complicity of accused Nos.2 to 4 also in the offence. The BA 7990/11 2 petitioners apprehend arrest. 4. The offence alleged against the petitioners are grave in nature. In the facts and circumstances of the case, I 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