IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5637 of 2009() ----------------------------- CRIME NO.1057/2009 OF PANANGAD POLICE STATION .................... PETITIONER/6TH ACCUSED ------------------------------------------ RAMLATH ABDULLA, W/O. ABDULLA, AGED 46 YEARS, HOUSE.NO.18/2321, KOCHUPALLY ROAD KOTTUNGAL LANE, THOPPUMPADY.P.O. ERNAKULAM, KOCHI-682005. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. S.I. OF POLICE PANAGADU POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5637 of 2009 --------------------------------------------- Dated this the 5th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.6 in Crime No.1057 of 2009 of Panangad Police Station. 2. The offences alleged against the petitioner are under Sections 380, 460 and 411 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned Public Prosecutor that the case is now transferred to Changarangulam Police Station since the place of occurrence of the offence under Section 380 IPC took place within the limits of Changarangulam Police Station. 4. The prosecution case is that in the first week of August 2009, accused Nos.1 to 5 committed theft of four sarees from Lamiya Textiles, Edappal. They sold the sarees to the petitioner. The prosecution case is that the petitioner is conducting business of the sale of sarees in small scale. BA No.5637/2009 2 5. Taking into account the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, as rightly pointed out by the learned Public Prosecutor, it would affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl