IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 Bail Appl..No. 4572 of 2008() ----------------------------- CRIME NO. 413/2008 OF MULAVUKAD POLICE STATION PETITIONERS : ACCUSED ----------------- 1. ALBI, S/O.JOSEPH, VADACHERY VEEDU, MULAVUKAD PO., ERNAKULAM 2. RADHAKRISHNAN, S/O.PURUSHOTHAMAN, VATHUKKAPARAMBU VEEDU DO.DO. BY ADV. SRI.SOORAJ T.ELENJICKAL SRI.M.A.JOSEPH MANAVALAN RESPONDENT: ------------- STATE OF KERALA, THROUGH SUB INSPECTOR OF POLICE, MULAVUKAD POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4572 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 379 read with section 34 IPC. Petitioners are accused 2 and 3. They, along with the 1st accused, cut and removed a wooden block used as a support in a boat jetty and committed theft of the same. The article is owned by the Kerala Water Authority. The incident occurred on 24-6-2008. 3. Learned counsel for the petitioners submitted that even as per the allegation of the prosecution, the petitioners only helped the article being removed. The petitioners are innocent of the allegations made. Learned Public Prosecutor submitted that the wooden block was stolen and it was cut into pieces in a mill. The recovery was effected on arrest of the 1st accused. This application is opposed. 4. On hearing both sides, I am not inclined to exercise the power under section 438 Cr.P.C. in an offence of this nature. The learned counsel for the petitioners submitted that the petitioners are prepared to surrender before the Magistrate and a direction may be issued to dispose of the bail BA 4572/08 -2- application without delay. I am confident that if any bail application is filed, on surrender of the petitioners, it shall be disposed of by the Magistrate expeditiously on merit even without any direction. Therefore no specific direction is required. This application is dismissed. K. HEMA, JUDGE. mn.