IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 Bail Appl..No. 5263 of 2011() ------------------------- CRIME NO.850/2011 OF KADAVANTHRA POLICE STATION PETITIONER/APPREHENDING ARREST --------------------------------- BABY LOPEZ, AGED 37, S/O.BASIL LOPEZ, PUTHUVAL PURAIDOM, PUTHENTHOPPU, MENAMKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,KADAVANTHRA POLICE STATION REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5263 of 2011 ---------------------------------------------- Dated this the 19th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.1 in Crime No.850 of 2011 of Kadavanthara Police Station. 2. The offences alleged against the petitioner are under Sections 465, 468, 471 and 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following:- On 22/05/2011, at Kaloor-Kadavanthara Road, checking of vehicles was being made by the police party. At that time, accused No.8 came there in an Innova Car. Though the 8th accused was directed to furnish the Registration Certificate particulars, he could not produce any document and therefore the vehicle was seized. Investigation revealed that accused Nos.1 and 2 committed theft of the vehicle and with the help of accused Nos.3 and 4, they obtained a forged R.C. Book. Accused Nos.3 and 4 are auto consultants. The further allegation is that accused Bail Appln.No.5263/2011 : 2 : Nos.3 and 4 handed over possession of the vehicle to accused Nos.5 and 6. They made alterations to the vehicle and changed the engine number and chassis number. They transferred the vehicle to accused No.8. 4. The allegation levelled against the petitioner is that he along with the other accused committed theft of the vehicle. 5. The allegations levelled against the accused are grave in nature. Custodial interrogation of the petitioner would be necessary. If the petitioner is released on bail, it would affect the proper and effective investigation of the case. In a case of this nature, anticipatory bail cannot be granted. For the aforesaid reasons, the Bail Application is dismissed. Sd/- K.T.SANKARAN, JUDGE skj True copy P.A. to Judge