IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5190 of 2009() --------------------------------------------- CRIME NO.89/2009 OF PARIYARAM POLICE STAITON, KANNUR PETITIONER/ACCUSED: --------------------------------------- ANDUKKA, AGED 39 YEARS, S/O.LATE MUHAMMED, NEAR IQBAL HIGH SCHOOL, AJANUR, KOLAVAYAL P.O., HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.MURUGAN P.V. RESPONDENT/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER PARIYARAM. 2. THE CIRCLE INSPECTOR OF POLICE, PARIYARAM. 3. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5190 of 2009 ------------------------------------ Dated this the 8th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.89/2009 of Pariyaram Police Station, Kannur. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons committed theft of mobile phones and car stereo. 4. The learned Public Prosecutor submitted that the petitioner is involved in many theft cases and highway robbery cases registered in Payyannur, Chandera, Valapattanam, Bekkal and Kanhangad Police stations. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner and also taking into B.A. No. 5190 /2009 2 account the criminal antecedents of the petitioner, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm