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. 7147 of 2011() ----------------------------- CRIME NO.195/2011 OF RAMANKARY POLICE STATION ALAPPUZHA DISTRICT PETITIONER/ACCUSED NO.4 : ---------------------------- PRAJITH,S/O.RAJAN,AGED 26 YEARS, SETTLEMENT COLONY NO.155,VEZHAPRA.P.O, RAMANKARY,ALAPPUZHA. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE,RAMANKARY POLICE STATION. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA. 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 Appln.No.7147 of 2011 ---------------------------------------------- Dated this the 10th day of October, 2011 ORDER 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. 195 of 2011 of Ramankary Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 457, 380, 411 and 414 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 05/10/2010 at 8 P.M., the accused persons broke open the restaurant of the de facto complainant and committed theft of three gas cylinders. 4. 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 Bail Appln.No.7147/2011 : 2 : 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 skj