IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3328 of 2009() ----------------------------- CRIME NO.84/09 OF KUTTAMPUZHA POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAJAN, AGED 45 YEARS, S/O.GOVINDAN NAIR, ARACKAL HOUSE, TELEPHONE COTTAGE, M.A.COLLEGE P.O., SUB STATION, KOTHAMANGALAM. BY ADV. SRI.M.TRIPTEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.3328 of 2009 --------------------------------- Dated this the 26th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is suspected to be an accused in Crime No.84 of 2009 of Kuttampuzha Police Station. 2. The offences alleged against the petitioner are under Sections 380 and 384 of the Indian Penal Code. 3. The gist of the prosecution case is the following : Seven scrap batteries were found missing from Vadattupara Telephone Exchange. According to the defacto complainant, each battery is worth Rs.1,050/-. Information was given to the police by the Junior Telecom Officer. Accordingly, the crime was registered. The petitioner is an employee in Vadattupara Telephone Exchange. 4. Learned public prosecutor submitted that the petitioner is only a suspected person now. On further investigation, if it is revealed that the petitioner has committed the offence, he will be arrested. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, I do not think that the petitioner is entitled to get an order for anticipatory bail. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl