IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 Bail Appl..No. 6907 of 2008() ----------------------------- CRIME NO. 219/2008 OF ALAKKODE POLICE STATION PETITIONER/ACCUSED:- ---------------------------------------- BIBIN K.B., S/O. BABU, AGED 18, KUTHUKALLUNKAL HOUSE, P.O. THABORE, KANNUR. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): COMPLAINT & FORMAL PARTY- ---------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. S.H.O. ALAKKODE POLICE STATION, ALAKKODE, KANNUR. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6907 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 457, 461, 379 and 380 IPC. According to prosecution, petitioner (A2) along with 1st accused committed theft of gold ornaments and household articles having a value of Rs.20,000/- by committing house trespass by removing the roof tiles in the night on 2-6-2008. 3. Learned counsel for petitioner submitted that petitioner was implicated only on the basis of a statement given by 1st accused. Petitioner is aged 18 years and he has no criminal antecedents. He is absolutely innocent of the allegations made. As per the direction of this Court, petitioner had appeared before the Investigating Officer and he was interrogated. No incriminating evidence is obtained. Hence he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that though petitioner was interrogated, no useful information could be obtained from him. The investigation is in progress. The recovery of the articles was not so far effected. The articles include gold chain and household articles. 5. On hearing both sides and on considering the facts and BA 6907/08 -2- circumstances of the case, I find that the bare assertions that petitioner is innocent is not supported by any materials. While considering nature of allegations made, I find that it is not a fit case to grant anticipatory bail. Petitioner shall surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.