IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 Bail Appl..No. 4077 of 2010() ----------------------------- CRIME NO.1300/2009 OF NORTH PARAVUR POLICE STATION, ERNAKULAM. (S): PETITIONER/4TH ACCUSED ------------------------------------------ SIYAD, AGED 32 YEARS, S/O.VEERANKUNJU, MANAMEL HOUSE, KOCHUPARAPPURAM, KOTTUVALLY VILLAGE, PARAVUR TALUK, MANNAM.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.P.T.SEBASTIAN TOMY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NORTH PARAVUR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.4077 of 2010 ---------------------------------------------- Dated 27th July, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 457, 380 and 411 read with Section 34 of the Indian Penal Code. According to prosecution, petitioner received stolen articles from accused nos.1 to 3 who committed theft of driller, two marble cutters etc. The theft was committed on 3.6.2009 at about 8.30 p.m. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. He has not committed any offence, as alleged. It is only from the statement of the co-accused that petitioner is implicated in the offence. The only allegation is that he committed offence under Section 411 of the Indian Penal Code. Hence, anticipatory bail may be granted, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that there is not only a mere allegation that petitioner committed the offence, but it was from the petitioner's possession that the stolen articles were seized. Petitioner has no explanation BA NO.4077/10 2 to offer for the recovery. It is true that petitioner is involved only in the offence under Section 411 of the Indian Penal Code, but there are sufficient materials to establish the case against petitioner. It is also submitted that charge sheet is laid and petitioner may be directed to approach the lower court for regular bail. 5. On hearing both sides, I am satisfied of the submissions made by the learned Public Prosecutor. Since charge sheet is laid, petitioner may seek regular bail, in accordance with law. There is no ground to grant anticipatory bail. 6. No further application for anticipatory bail by petitioner in this crime will be entertained by this court hereafter. This petition is dismissed. K.HEMA, JUDGE. tgs