IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5091 of 2008() ----------------------------- CRIME NO. 563/2008 OF KOTHAMANGALAM POLICE STATION PETITIONER : 3RD ACCUSED: ----------------------------- MAJEED, S/O.MAIDEEN, AGED 38 YEARS, PADINJAREVEETIL, PAZHAKKAPPILLY, MULAVOOR VILLAGE. BY ADV. SRI.P.V.ELIAS RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTING S.H.O. KOTHAMANGALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5091 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R Application for anticipatory bail. 2. This is the second attempt to get anticipatory bail from this Court. Petitioner is the 3rd accused. The alleged offences are under sections 379, 411 read with section 34 IPC. According to prosecution, 1st and 2nd accused committed theft of 16 barrels of tar and petitioner who is the 3rd accused received the stolen article knowing that those are stolen. 3. Learned counsel for the petitioner submitted that the petitioner is a sub contractor and he is absolutely innocent of the allegations made. Earlier anticipatory bail application was dismissed, since 4 barrels of tar were not recovered. Now the seizure is already effected and hence petitioner may be granted anticipatory bail. 4. Learned Public Prosecutor submitted that four barrels of tar were seized from the premises of the house of the petitioner. The petitioner is required for custodial interrogation, since several facts have to be brought out by interrogating him. Out of sixteen barrels, twelve barrels were kept in the property of some other person. 5. On hearing both sides, I am satisfied that having seized 4 barrels of stolen article from the premises of the petitioner, the BA 5091/2008 -2- request made by the learned Public Prosecutor is only reasonable. Though second application is filed on the ground that there is change in the circumstances. More incriminating circumstance is now revealed as far as the petitioner is concerned because of the recovery of stolen article. The petitioner would be required for custodial interrogation and I am not inclined to grant anticipatory bail, since it may adversely affect an effective investigation in this case. The application is dismissed. K. HEMA, JUDGE. mn.