IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 4960 of 2009() ------------------------------------- CRIME NO. 602/2008 OF KANNUR TOWN POLICE STATION ........................... PETITIONER/ACCUSED NO.3: ------------------------------------------- M. ANBURAJ, S/O. MADASAMY, AGED 41 YEARS, CAR BROKER, 6/2/23/A/1, ALAGAR NAGAR, MADURAI MAIN ROAD, BATLAGUNDU, NILAKOTTAI TALUK, DANDIGAL DISTRICT, TAMILNADU. BY ADVS. SRI.P.M.SATHEESH SRI.K.RAJESH SUKUMARAN RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4960 of 2009 ------------------------------------ Dated this the 29th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No. 2 in Crime No. 602/2008 of Kannur Town Police Station. 2. The offences alleged against the petitioner are under Sections 379, 411 and 414 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. It is submitted by the learned Public Prosecutor that the petitioner is a habitual offender. He had received the stolen property, namely, a Tata Indica Car. It is stated that the petitioner is used to purchase totally damaged vehicles in accident and using the registration certificates and other documents of those vehicles, the stolen vehicles would be dealt with after changing the engine number and chassis number of the stolen vehicles. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where Anticipatory Bail can be granted to the petitioner. The petitioner is not B.A. No. 4960 of 2009 2 entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln