IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Bail Appl..No. 9502 of 2011() ----------------------------- CRIME NO.1152/2011 OF KADAKKAL POLICE STATION PETITIONER/ACCUSED: --------------------------- SHANAVAS KHAN M., GREEN VIEW, ELAMPAZHANNUR, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.LIJU. M.P RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE KADAKKAL POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.9502 of 2011 --------------------------- Dated this the 2nd day of December, 2011 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.1 in Crime No.1152 of 2011 of Kadakkal Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that seven lorry loads of sand were seized by the police and the sand was kept in a property. Custody of the sand was given to the Village Officer. When the Village Officer went to the spot for auctioning the sand, he found that the sand was missing. The Village Officer reported the matter to the police. The police registered the present crime. The petitioner apprehends arrest. BA 9502/11 2 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN JUDGE csl