IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4717 of 2008() ----------------------------- (CRIME NO.405/2008 OF KONNI POLICE STATION) PETITIONER/2ND ACCUSED: ------------------------- RAVEENDRAN, AGED 65, S/O.GOPALAN, ENCHAPPARAYIL HOUSE, ATHUMPUMKULAM KONNI. BY ADV. SRI.V.SETHUNATH RESPONDENTS/COMPLAINANT/STATE: ------------------------------- 1. THE S.I OF POLICE, KONNI. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4717 OF 2008 ------------------------------ Dated this the 28th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 411 of I.P.C. According to the prosecution, the petitioner received stolen property of 163 Kg of rubber from the 1st accused, knowing the same to be stolen property. 3. Learned counsel for the petitioner submitted that the petitioner is running business in rubber for the past 40 years and he is involved in any offence earlier. The petitioner is absolutely innocent of the allegations made. The prosecution has no case that the petitioner purchased the article from behind the shop, or that the petitioner purchased the article for lesser amount, it is submitted. The petitioner is aged 65 years and hence anticipatory bail may be granted , it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that as per the case diary, the petitioner is engaged in the sale of stolen article purchased from the 1st accused and this B.A.4717/2008 2 is not a sole incident. The petitioner has received stolen article knowing those to be stolen, as revealed from the case diary. On hearing both sides, I find that the mere assertions of innocence of the petitioner may not be sufficient to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE pac