IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 Bail Appl..No. 905 of 2010 CRIME NO.39 OF 2010 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM. PETITIONER : 2ND ACCUSED ------------------------------- R.MANOJ,S/O.RAVEENDRAN NAIR, VAZHAVILA PUTHEN VEEDU, MANJALIKKULAM ROAD, THAMPANOOR, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 905 OF 2010 ------------------------------------------------------ Dated this the 5th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.39 of 2010 of Thampanoor Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 394 of the Indian Penal Code. 3. The prosecution case is that on 17.1.2010 at 10.30 PM, while the de facto complainant was returning home after performing in a musical concert, he was intercepted by the accused and the first accused attacked the de facto complainant. He fell down. The allegation is that the petitioner (second accused) took away Rs.2,500/- from the possession of the de facto complainant. 4. The allegations levelled against the petitioner and the other accused are grave in nature. I do not think that this is a fit case B.A. NO. 905 OF 2010 :: 2 :: where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/