IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Bail Appl..No. 4806 of 2008() ------------------------------------ CRIME NO. NOT KNOWN OF ALAPPUZHA SOUTH POLICE STATION PETITIONER : ---------------- NIZAR, AGED 26 YEARS, S/O ABDUL KHADER KUNJU, THOUFEEQ MANZIL, WARD NO.6, MANNANCHERRY, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSAN SMT.VIDYA MANUVILSAN RESPONDENT : ----------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, ALAPPUZHA SOUTH POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4806 OF 2008 ------------------------------ Dated this the 8th day of August, 2008 O R D E R This petition is for anticipatory bail. 2. According to the prosecution, a motor cycle was stolen and a complaint was given before the Alappuzha police station. In the course of the investigation, the petitioner's brother was arrested and on questioning, he revealed that he had committed another offence also, in respect of which a crime was registered at the Muhamma police station. It was also divulged by him that actually the petitioner had stolen a motor cycle. Hence, the petitioner is also implicated as the 1st accused. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. He used to advise his brother to abandon the bad company and hence he had some enimity towards petitioner. But the petitioner is deliberately implicated in the crime and he has not committed any offence. It is also pointed out that the petitioner's brother, who is a co-accused, was released on bail. B.A.4806/2008 2 4. This petition is opposed. Learned Public Prosecutor submitted that the petitioner is involved in another crime also. The investigation is at the preliminary stage and if the petitioner is granted anticipatory bail, it will adversely affect the investigation. Several facts relating to the crime are within the exclusive knowledge of the petitioner and he is required for custodial interrogation. It is also submitted by him that the crime was registered at the Muhamma police station in connection with this case and was transferred to the Alappuzha police station and the crime was registered as Crime No.336/2008. After hearing both sides, I am satisfied that on the facts of this case, it is not fit to grant anticipatory bail to the petitioner. The petition is dismissed. K.HEMA, JUDGE pac