IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10838 of 2011 ------------------------------ PETITIONER (S): ACCUSED NO.2 -------------------------------- SHINOB, AGED 21 YEARS, S/O. GANGADHARAN, CHOLAYIL HOUSE, VARAVATTOO, VALLUR VILLAGE, THRISSUR DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY S.I OF POLICE CHERUTHURUTHY BY PUBLIC PROSECUTOR SRI. ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STK N.K. BALAKRISHNAN,J. ------------------------------------ B.A.No. 10838 of 2011 ------------------------------------------ Dated this the 27th day of December, 2011 ORDER Petitioner is the accused in Crime No.432/11 of Cheruthuruthy Police Station of Thrissur District. The allegation is that he and another accused committed theft of a lorry which was kept in the custody of the police. That lorry was stated to have been seized as it was used for illegal transportation of river sand. The offence alleged against the petitioner is under Section 379 r/w 34 IPC. His pre-arrest bail was dismissed by the learned Sessions Judge. The learned Public Prosecutor submits that the lorry was kept in the compound of Panhcayat and not in the police station compound. That will not in any way alter the position. The accused un-authorisedly and without the consent of the police or the Panchayat, took away the lorry which in fact was seized by the police in connection with the illegal transportation of river sand. According to the learned Public Prosecutor no leniency can be shown to the petitioner who did the act with impunity. It is further submitted by the learned Public Prosecutor that the finger prints of the accused has to be obtained, since it was reported that he was involved in other B.A.No. 10838 of 2011 -: 2 :- crimes also. Considering all the aspects, this petition is disposed of as stated below:- The petitioner will surrender before the Investigating Officer within one week from the date of receipt of a copy of this order. After interrogation, the accused shall be produced before the learned Magistrate. The Investigating officer shall ensure that all the material objects/finger prints that are required for investigation is obtained. Thereafter, the application filed by the petitioner for bail will be considered by the learned Magistrate as expeditiously as possible, in accordance with law. s N.K. BALAKRISHNAN, JUDGE. smvd