IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 6320 of 2011 CRIME NO.88 OF 2011 OF RAJAPURAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED NO.2 ------------------------------------------- KUMARAN.K, AGED 39 YEARS, S/O.KALU NAIK, KOZHIMULLA, KOTTODI.P.O, KALLAR VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6320 OF 2011 ------------------------------------------------------ Dated this the 9th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.88 of 2011 of Rajapuram Police Station, Kasaragod District. 2. The offences alleged against the accused are under Sections 457 and 380 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that between 6 P.M. on 10.2.2011 and 7.30 A.M. on 11.2.2011, the accused trespassed into the smoke house in the rubber estate of the de facto complainant and committed theft of rubber sheets worth `49,000/-. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think BAIL APPL. NO. 6320 OF 2011 :: 2 :: that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/