IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 Bail Appl..No. 3903 of 2009 CRIME NO.390 OF 2009 OF PARIPPALLY POLICE STATION PETITIONER/ACCUSED NO.4: -------------------------------------- MANJESH, AGED 20 YEARS, S/O.MOHANAN, KIZHAKKEVILA HOUSE, KOTTAKERAM CHERRY, PARIPPALLY, KOLLAM DISTRICT. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT: STATE -------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3903 OF 2009 ------------------------------------------------------ Dated this the 29th July, 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.4 in Crime No.390 of 2009 of Parippally Police Station. 2. The offence alleged against the petitioner and others is under Section 379 read with Section 34 of the Indian Penal Code. 3. The case was registered on the basis of a petition submitted by the Senior Plant Manager of the Indian Oil Corporation, Parippally, Kollam, stating that two persons tried to commit theft of gas cylinders from the compound of the Indian Oil Corporation. Originally, the case was registered under Section 511 of 379. Later, on investigation, it was revealed that accused Nos.3 and 4 are also involved and that theft had already been committed. Therefore, the section of offence was altered to 379. Accused Nos.1, 2 and 3 were arrested and they were released on bail. Accused No.4 has filed this application for anticipatory bail. B.A. NO. 3903 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/