IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7152 of 2009() ------------------------------------ CRIME NO. 254/2009 OF KUTTIPURAM POLICE STATION .................... PETITIONER/ACCUSED: ---------------------------------- ASHRAF.K.V, KUZHIYAVEETTIL HOUSE, LAYILA KULAMBU, CHELAKKODE.P.O, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.V.M.SYAM KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERAA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I OF KUTTIPURAM POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7152 of 2009 ------------------------------------ Dated this the 14th day of December, 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.3 in Crime No.254/2009 of Kuttipuram Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that on 21.08.2009, two cows belonging to the de facto complainant were stolen away by the accused persons in a goods Autorickshaw driven by accused No.3. On 11.09.2009, the vehicle driven by the third accused was intercepted by the police. The petitioner(third accused) ran away abandoning the vehicle. 4. Meanwhile, the matter was reported to the police by the owner of the cows. One person who is employed in a butcher shop had noted down the number of the vehicle. The information was conveyed to the de facto complainant, when B.A. No. 7152 of 2009 2 she enquired about the incident. 5. The petitioner apprehends arrest and therefore, he has filed this application for Anticipatory Bail. It is submitted that the petitioner is innocent and that he is not involved in the offence. Accused Nos.1 and 2 hired his vehicle and the cows were taken from Kuttippuram to Thrissur. It is submitted that the petitioner had given the necessary details to the police. 6. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where the 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. Custodial interrogation may be required in the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln