IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 Bail Appl..No. 359 of 2010 CRIME NO.19 OF 2010 OF KOCHI CUSBA POLICE STATION, PALLURUTHY PETITIONERS/2ND AND 4TH ACCUSED --------------------------------------------------- 1. JIBIN.M.J,AGED 18 YEARS, S/O.JAMES,MADAPARAMBIL HOUSE, PERUMPADAPPU, KOCHI-6. 2. PRINCE @ FRANCIS PRINCE.M.J,AGED 19, S/O.JAMES,MADAPARAMBIL HOUSE, PERUMPADAPPU, KOCHI-6. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT: COMPLAINANT -------------------------- S.I.OF POLICE,KOCHI CUSBA POLICE STATION, PALLURUTHY,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 359 OF 2010 ------------------------------------------------------ Dated this the 29th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.2 and 4 in Crime No.19 of 2010 of Kochi Cusba Police Station, Palluruthy. 2. The offences alleged against the petitioners are under Sections 452, 427 and 506 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 4.1.2010, the accused persons, four in number, forcibly entered into the residential compound of the de facto complainant by breaking open the gate of the compound, thereafter break open the door of the house and entered into the house at about 2.30 AM. They enquired about Jackson, the son of the de facto complainant. The de facto complainant stated that Jackson was not available in the house. The accused persons were having iron rods with them. The accused persons searched all the rooms in the house. Finding that Jackson was not there, they came out of the house, destroyed the window glasses of the house and also destroyed two motor B.A. NO. 359 OF 2010 :: 2 :: bikes. They also destroyed the motor bikes in the nearby house. The First Information Statement was given at 10 AM on the same day. The petitioners apprehend arrest. 4. The learned Public Prosecutor submitted that accused No.1 is involved in Crime No.546 of 2008 and that the petitioners are regularly indulging in unlawful activities in the area. It is submitted that if the petitioners are granted anticipatory bail, the investigating officer will not be able to properly conduct the investigation of the case. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. Custodial interrogation of the petitioners may be required in the case. I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/