IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 6345 of 2011 CRIME NO.530 OF 2011 OF BALARAMAPURAM POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ RAJESH @ SANAL S/O. MANIYAN, IDAMALAKUZHI VAYALIL VEEDU, ANTHYOOR DESOM, KOLLAYIL VILLAGE, BALARAMAPURAM. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6345 OF 2011 ------------------------------------------------------ Dated this the 10th day of October, 2011 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.2 in Crime No.530 of 2011 of Balaramapuram Police Station. 2. The offences alleged against the accused are under Sections 379 and 411 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 28.5.2011, the accused persons committed theft of an electric motor belonging to the de facto complainant. 4. The learned counsel for the petitioner submitted that the petitioner is a young man aged 25 years and that if he is sent to jail, his future would be spoiled. 5. Learned Public Prosecutor submitted that the petitioner is BAIL APPL. NO. 6345 OF 2011 :: 2 :: involved in another theft case which was registered as Crime No.526 of 2011 of Balaramapuram Police Station. 6. The allegations levelled against the petitioner are serious in nature. In 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. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, 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/