IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 5712 of 2011() ----------------------------- (CRIME NO.405 OF 2011 OF KUNNATHNADU POLICE STATION) PETITIONER/ACCUSED -------------------------------------- BINU K.B., AGED 32 YEARS, S/O.BABU K.S., KUZHUPPILLY HOUSE, KURUMASSERY, PARAKADAVU VILLAGE, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.GILBERT GEORGE CORREYA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.SABU SREEDHARAN THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5712 OF 2011 --------------------------------- Dated this the 1st day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.405 of 2011 of the Kunnathnadu Police Station. 2. The offence alleged against the petitioner is under Section 380 of the Indian Penal Code. 3. The petitioner was the driver of a vehicle in which TMT Iron Bars were transported. The allegation is that on 18.6.2011, when the goods were transported to the stockyard of Metalex Agencies, the petitioner stealthily removed 1065 Kg. of TMT Bars. 4. The offence alleged is very serious in nature. In a case of this nature, I do not think that the petitioner is B.A.No.5712 OF 2011 2 entitled to a discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms