IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 Bail Appl..No. 700 of 2010 CRIME NO.563 OF 2009 OF KODANAD POLICE STATION, ERNAKULAM PETITIONER/4TH ACCUSED ------------------------------------------ ALEX, AGED 20 YEARS, S/O.VARGHESE, PATHICKAL HOUSE, CHETTINADA, KODANAD. BY ADV. SRI.K.V.SABU RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, KODANAD POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/03/2010, ALONG WITH BA NO.708, 709, 710, 711 AND 715 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.700, 708, 709, 710, 711 and 715 OF 2010 ------------------------------------------------------ Dated this the 10th day of March, 2010 O R D E R These are applications for anticipatory bail filed by one Alex, who is accused No.4 in all the cases, under Section 438 of the Code of Criminal Procedure. 2. The offence alleged against the petitioner and other accused persons is under Section 379 read with Section 34 of the Indian Penal Code. 3. Crime No.549 of 2009 of Kodanad Police Station was registered on the basis of the information given by the de facto complainant therein that on 18.7.2009, two gas cylinders which were kept in the court yard of his house were stolen. During investigation of the crime, the second accused, namely, Amal was arrested. On questioning him, it was revealed that the accused persons used to travel in a car taken from a “rent a car” concern and they used to stealthily remove the gas cylinders, whether filled or unfilled, from various places including houses. The crimes were accordingly B.A. NOS.700, 708, 709, 710, 711 and 715 OF 2010 :: 2 :: registered. The Bail Applications relate to Crime Nos.563 of 2009, 562 of 2009, 559 of 2009, 560 of 2009, 561 of 2009 and 558 of 2009 of Kodanad Police Station. 4. The petitioner applied for anticipatory bail before the learned Sessions Judge in ten crimes. The learned Sessions Judge dismissed those applications by a detailed order dated 28.1.2010. 5. The learned counsel for the petitioner relied on Annexure A1 medical certificate, which shows that Alex P.Varghese was suffering from right side ankle joint sprain with swelling and tenderness and he was admitted in VIMS Specialty Hospitals, Bangalore, during the period from 16.5.2009 to 24.5.2009. The certificate also shows that he was fit to attend to his duties from 25.5.2009 onwards. The learned counsel for the petitioner submitted that the offence in the present case was allegedly committed during the period in which the petitioner was admitted in the hospital. The learned Public Prosecutor submitted that the allegation is that most of the offences were committed during the last week of May, 2009 and, therefore, that period could even be a period after the date mentioned in the medical certificate. The B.A. NOS.700, 708, 709, 710, 711 and 715 OF 2010 :: 3 :: learned Sessions Judge was not inclined to place reliance on the medical certificate at this stage to accept the plea of alibi raised by the petitioner. At this stage, prima facie, there are materials to indicate that the petitioner is involved in the offence. 6. The offences alleged against the petitioner are grave in nature. 7. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am of the view that these are not fit cases where anticipatory bail can be granted to the petitioner. Custodial interrogation of the petitioner may be required during investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Applications are dismissed. (K.T.SANKARAN) Judge ahz/