IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4469 of 2009() -------------------------------------- CRIME NO.364/2009 OF KOIPPURAM POLICE STATION, PATHANAMTHITTA PETITIONER/ACCUSED: -------------------------------------- VAISHAK,S/O.RADHAKRISHNAN, VEENA BHAVANAM,KURATTIKKAD MURI,MANNAR VILLAGE, CHENGANNUR TALUK,ALAPPUZHA DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4469 of 2009 ------------------------------------ Dated this the 12th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.364/2009 of Koippuram Police Station in Pathanamthitta District. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5/07/2009 at 2.25 P.M., when the defacto complainant, aged about 65 years, was walking along the road, three persons came on a motor bike and snatched away the gold chain weighing four sovereigns belonging to the defacto complainant. She has identified the accused persons on seeing the photographs. 4. It is submitted by the learned Public Prosecutor that the petitioner is involved in two other cases, where also similar offences are alleged against him. 5. Taking into account the facts and circumstances of B.A. No. 4469 / 2009 Page numbers the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm