IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3475 of 2008() ----------------------------- CRIME NO.563/2008 OF KOTHAMANGALAM POLICE STATION PETITIONER/3RD ACCUSED: ---------------------------------------- MAJEED, S/O. MAIDEEN, AGED 38 YEARS, PADINJAREVEETTIL, PEZHAKKAPPILLY, 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 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3475 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2008 O R D E R Application for anticipatory bail. 2. Petitioner is the 3rd accused. The alleged offences are under sections 379, 411 read with section 34 IPC. According to the prosecution,16 barrels of tar were stolen by accused 1 and 2 on 8-5-2008 and 9-5-2008 and the petitioner/3rd accused received the stolen article knowing that it is stolen article. 3. The learned counsel for the petitioner submitted that the petitioner is innocent of the allegations made. The petitioner has not received any stolen article. The petitioner is a sub contractor and he is implicated in the offence only by certain colleagues who are engaged in the similar work. No recovery is effected from him so far. 4. The learned Public Prosecutor submitted that only 12 barrels are seized and those are seized from the possession of the 1st accused. Other barrels are to be recovered. Hence this application is opposed. BA 3475/08 2 5. I am satisfied that granting of anticipatory bail to the petitioner may peril the investigation, since the stolen articles are yet to be recovered. In the circumstances, the application is dismissed. K. HEMA, JUDGE. mn.