IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 5797 of 2008() ----------------------------- CRIME NOT KNOWN TO THE PETITIONER PETITIONER --------------------- JOBY MATHEW AGED 23 YEARS, S/O.MATHEW, MUKALATH HOUSE, MIZHILLAM KARAYIL, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK. BY ADV. SRI.NAVEEN THOMAS SRI.RENJITH THOMAS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, (SUB INSPECTOR OF POLICE,OF MANARKADU POLICE STATION) BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5797 of 2008 ------------------------------------------------- Dated this the 7th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420, 406 and 120(B) read with Section 34 IPC. According to prosecution, A1 and A2 entered into an agreement of hire purchase with the defacto complainant company for purchase of a mini lorry and the mini lorry was purchased in the name of first and the second accused. Thereafter, the lorry was sold to the third accused and the lorry was thereafter dismantled. 3. Petitioner is the third accused. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. He has nothing to do with the crime. 4. This petition is strongly opposed. Learned public prosecutor submitted that the petitioner purchased the vehicle from the first and the second accused and as per the materials in the case diary, it is to be inferred that the petitioner has BA No.5797/08 2 dismantled the vehicle. Petitioner is required for interrogation to ascertain further details and if he is granted anticipatory bail, it will adversely affect the investigation, it is submitted. 5. On hearing both sides, I am satisfied that as per the allegations, the petitioner has a clear role in the offence and in the nature of the act committed, the petitioner's interrogation will be required for ascertaining the materials which are in his exclusive knowledge for the purpose of an effective investigation. Hence, it is not fit and proper to grant anticipatory bail to the petitioner. The crime is registered as early as on 26.7.2008 and the petitioner was not available for the investigation, so far. The investigation is, therefore, at standstill. Hence, petitioner is directed to surrender before the Investigating Officer within 15 days from today and make himself available for interrogation and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl