IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2491 of 2009() ----------------------------- CRIME NO.106/09 OF VIZHINJAM POLICE STATION PETITIONER/(APPREHENDING ARREST) ---------------------------------------------------- GIGI,AGED 26 YEARS,S/O.DIVAKARAN, GIGI BHAVAN,MULLUVILA,VENNIYOOR, NELLIVILA.PO, VENGANOOR VILLAGE. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.SHAJIN S.HAMEED RESPONDENT(S): --------------- THE SUB INSPECTOR OF POLICE,VIZHINJAM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2491 of 2009 -------------------------------- Dated this the 2nd day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.106 of 2009 of Vizhinjam Police Station. 2. The offence alleged against the petitioner is under Section 511 of Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that while the defacto complainant was going to the temple in the evening, the accused persons came on a motor bike. The pillion rider (first accused) tried to snatch the gold chain belonging to the defacto complainant. The defacto complainant resisted and made a hue and cry. The people of the locality came around. The rider of the bike ran away leaving the bike. The pillion rider was caught hold of by the local people. Subsequently, the pillion rider was released on regular bail. 4. In the facts and circumstances of the case, I do not think that the petitioner is entitled to invoke Section 438 of the Code of Criminal Procedure and to get anticipatory bail. The defacto complainant has to identify the petitioner and further investigation is BA No.2491/2009 2 required. If the petitioner is granted anticipatory bail, it would seriously affect the smooth and proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl BA No.2491/2009 3 K.T.SANKARAN, JUDGE csl