IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 5888 of 2011 CRIME NO.387 OF 2011 OF POTHENCODE POLICE, THIRUVANANTHAPURAM PETITIONERS/ACCUSED NO.1 TO 3 ------------------------------------------------- 1. SHIJI, AGED 24 YEARS,BLOCK NO: 171 VENGODE COLONEY, KUDAVOOR P.O. 2. SHINU, AGED 24 YEARS, SHIJU BHAVAN, HOUSE NO.11, VENGODE COLONEY. 3. RAJESH, AGED 32 YEARS, RENJANI BHAVAN, KURAVILANKONAM, KUDAVOOR P.O., VENGODE COLONEY. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT: COMPLAINANTS --------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA THROUGH S.I. OF POLICE, POTHENCODE. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5888 OF 2011 ------------------------------------------------------ Dated this the 8th day of August, 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.1 to 3 in Crime No.387 of 2011 of Pothencode Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioners is under Section 395 of the Indian Penal Code. 3. The prosecution case is that on 19.6.2011 at 10.P.M. while the de facto complainant was driving a lorry loaded with sand, the lorry was intercepted by the accused and they forcibly took away `11,700/- from the de facto complainant. They also snatched a gold chain weighing 2 ½ sovereigns. It is alleged that the accused have assaulted the de facto complainant who was driving the vehicle. BAIL APPL. NO. 5888 OF 2011 :: 2 :: 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get 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 ahz/