IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 Bail Appl..No. 2118 of 2010() --------------------------------------- CRIME NO.OF ETTUMANOOR POLICE STATION, KOTTAYAM DISTRICT , NOT KNOWN TO THE PETITIONER. ........... PETITIONER -------------------- JOSEPH V.K.,S/O.KOCHAPPU, VADAKUMCHERIL HOUSE,PERUMBAYIKKAD VILLAGE, MALLUSSERY,KOTTAYAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE,ETTUMANOOR POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERANAKULAM.KOCHI-31. PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J. --------------------------- B.A. No. 2118 of 2010 ------------------------------------ Dated this the 22nd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 411 of the Indian Penal Code. According to prosecution, petitioner allegedly received stolen gold ornaments, which were stolen by first accused. 3. Learned counsel for petitioner submitted that petitioner is harassed by the police stating that he has received stolen articles. He is conducting a jewellery shop for the past 14 years and he never received any stolen articles, knowing to be stolen. As per the Government order marked as Annexure-A, he cannot be taken to the police station for questioning, since he does not admit receipt of stolen articles. 4. This petition is opposed. Learned Public Prosecutor submitted that from the materials in the case diary it is clear that the stolen articles were received by the petitioner from first accused. Petitioner is to be arrested and interrogated. It is also submitted that the Government order referred above cannot B.A. No. 2118 of 2010 2 override the provisions of the Code of Criminal Procedure. 5. On hearing both sides, considering the fact that petitioner is already arrayed as an accused and recoveries are to be effected through the petitioner and he is requested for interrogation, I do not think that it is a fit to grant anticipatory bail. Though petitioner has asserted his innocence, there are no materials or circumstances to support such innocence. 6. Petitioner is bound to surrender before the investigating officer and co-operate with the investigation. Petition is dismissed. K. HEMA, JUDGE ln