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. 5645 of 2011() ----------------------------- (CRIME NO.446 OF 2011 OF KOTTIYAM POLICE STATION, KOLLAM DT) PETITIONERS/ACCUSED --------------------------------------- 1. M/SHAJAHAN, AGED 64 YEARS, S/O.MOHAMMED ALI, PANDANAKAL VEEDU, THEKKEVILA P.O., MADAN NADA, MUNDAKKAL, KOLLAM. 2. ABDUL MAJEED, AGED 54 YEARS, S/O.KOYAKUNJU, VELIYIL VEEDU, PANTHRANDU MURI, ERAVIPURAM, THATTAMALA P.O., KOLLAM. 3. NASIMUDHEEN, AGED 36 YEARS, S/O.YOUNUS KUNJU, N.S.MANZIL, UMAYANALOOR P.O., MYLAPOOR, KOLLAM. BY ADV. SRI.N.VIMALAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU 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.5645 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 Petitioners are accused Nos.4, 6 and 5 in Crime No.446 of 2011 of the Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 379, 201 and 411 read with 34 of the Indian Penal Code. 3. The prosecution case is that a motorbike belonging to the defacto complainant, which was parked on the side of the National Highway was stolen at 10 P.M on 17.3.2011. The prosecution case is that accused Nos.1 to 3 committed theft of the motorbike. Accused Nos.4, 6 and 5 purchased the same from accused Nos.1 to 3. B.A. No.5645 OF 2011 2 4. The allegations levelled against the accused are grave in nature. In a case of this nature, I do not think that the petitioners are entitled to a discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms