IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 Bail Appl..No. 3167 of 2008() ------------------------------------ CRIME NO.225/08 KONNY POLICE STATION PETITIONER --------------------------- ALEXANDER LUCOSE, S/O. LUCOSE, MAMMOOTTIL HOUSE, PATHALUKUTHI, PAYYANAMON, KONNI THAZHAM VILLAGE, PATHANAMTHITTA. BY ADV. SRI.C.S.MANILAL RESPONDENTS: ------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3167 of 2008 ----------------------------------------- Dated this the 26th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. According to prosecution, on 11.4.2008, one of the teak poles belonging to the Electricity Board was stolen and it was recovered from the courtyard of the house of the petitioner on the next day. A complaint was lodged for offence of theft under Section 379 IPC and crime was registered on the basis of the statement given by the Assistant Engineer of the Electricity Board. 3. Learned counsel for petitioner submits that the petitioner is totally innocent of the allegations made. He is a reputed businessman running furniture business. He has nothing to do with the crime. If at all the prosecution case is accepted, the offence can only be a case of Section 411 IPC. Hence he may be granted anticipatory bail, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that other accused are involved in the crime and their involvement has to be investigated into. Unless the petitioner is arrested and interrogated, investigation cannot be effective. The BA.3167/08 2 arrest and custodial interrogation of the petitioner are required for an effective investigation, it is submitted. If the petitioner is granted anticipatory bail, it will adversely affect the investigation. I am satisfied with the submission made by learned Public Prosecutor and I do not find that it is a fit case to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE vgs.