IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Bail Appl..No. 4792 of 2008(F) -------------------------------------- CRIME NO.NOT KNOWN OF MUHAMMA POLICE STATION PETITIONER : ---------------- NIZAR, AGED 26 YEARS, S/O.ABDUL KHADER KUNJU, THOUFEEQ MANZIL, WARD NO.6 MANNANCHERRY, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSAN SMT.VIDYA MANUVILSAN RESPONDENT : ----------------- STATE OF KERALA REPS.BY THE SI OF POLICE MUHAMMA POLICE STATION. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4792 OF 2008 ------------------------------ Dated this the 8th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, the petitioner's brother was arrested, while he was travelling in a motor bike with a fake number plate on 02.06.2008. On enquiry, it was revealed that it was a stolen bike. A crime was registered at the Muhamma police station. He also confessed that the petitioner committed theft of the vehicle and hence he is implicated as the 1st accused. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. He used to advise his brother to abandon the bad company and hence his brother had some enimity towards petitioner. The petitioner is therefore, deliberately implicated in the crime but he has not committed any offence. It is also pointed out that the petitioner's brother, who is the co-accused, was released on bail. 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner is involved in another crime also B.A.4792/2008 2 registered at the Alappuzha police station. The investigation is at the preliminary stage and if the petitioner is granted anticipatory bail, it will adversely affect the investigation. Several facts connected to the crime are in the exclusive knowledge of the petitioner and hence he is required for custodial interrogation for an effective investigation. After hearing both sides, I am satisfied that it is not fit to grant anticipatory bail to the petitioner. The petition is dismissed. K.HEMA, JUDGE pac