IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 948 of 2008() ---------------------------- PETITIONER/ACCUSED: ------------------------------------ POULOSE, AGED 37 YEARS S/O. DEVASSY, KACHAPPILLY HOUSE, KARUKUTTY POST, ANGAMALI, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE: --------------------------------- 1. SUB INSPECTOR OF POLICE, KUNNAMKULAM POLICE STATION, KUNNAMKULAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 948 OF 2008 ------------------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for anticipatory bail. The petitioner has filed this application stating that he is not aware whether any crime has been registered against him. But, he mentions in the petition that he is apprehending arrest at the hands of the Kunnamkulam police on the allegation that he was responsible for the offence punishable under Sec.379 of the IPC. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor reports that the petitioner is required to be arrested as 2nd accused in Crime No.132/08 of the Kunnamkulam Police Station registered under Sec.379 of the IPC. The crux of the allegations in the crime is that when the owner of a Qualis car and his driver were taking drinks/food in a bar hotel at Kunnamkulam, the vehicle that B.A. No. 948 OF 2008 -: 2 :- they have parked outside the bar was allegedly taken by some miscreants. The driver passed on the information to the owner and the driver, as instructed by the owner, lodged a complaint before the police. The police swung into action and they were able to trace the vehicle later on the same night. Accused No.1 was allegedly driving the vehicle at the relevant time. He was intercepted and arrested. The interrogation of the 1st accused revealed that the 2nd accused had received information evidently from the driver of the lost car that he was driving down along with his owner from Bangalore. A1 and A2 with the intention of committing theft had travelled together in a Zen car driven by the petitioner herein. At the Bar in question theft was committed in furtherance of the common intention of both the accused. The 1st accused drove away with the stolen car. The petitioner drove away in another direction. Investigation is in progress. The 1st accused remains in custody. The petitioner has not been arrested so far. The police are making active efforts to arrest the petitioner. The needle of suspicion points to the possible complicity of the driver of the vehicle also, though no final decision has been taken yet on the question whether he B.A. No. 948 OF 2008 -: 3 :- has to be arrayed as accused or not. Investigation is in progress. It is at a sensitive stage. At this early stage of the investigation the petitioner may not be granted anticipatory bail. There are no circumstances whatsoever justifying the grant of anticipatory bail to the petitioner. The petitioner may be directed to co- operate with the Investigator, to surrender before him or the learned Magistrate having jurisdiction and then seek regular bail. 3. I have considered all the relevant inputs. On an anxious evaluation of all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I am unable to perceive any features in this case that can justify or warrant the invocation of the extraordinary equitable discretion under Sec.438 of the Cr.P.C. This, I agree with the learned Public Prosecutor, is a fit case where the petitioner must surrender before the Investigating Officer or the learned Magistrate having jurisdiction and then seek regular bail in the normal and usual course. 4. In the result, this bail application is dismissed; but with the observation that if the petitioner surrenders before the B.A. No. 948 OF 2008 -: 4 :- Investigating Officer or the learned Magistrate and seeks bail, after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits and expeditiously. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge