The court dismissed an application for anticipatory bail filed by a petitioner accused of theft. Finding merit in the objection that theft justifies regularization, the judge denied anticipatory bail and directed the petitioner to seek regular bail by surrendering to the investigating officer or magistrate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929
Bail Appl..No. 1351 of 2008()
----------------------------CRIME NO.90 OF 2008 OF PATHANAPURAM POLICE STATION
: PETITIONER
SAKEER HUSSAIN, AGED 31 YEARS, S/O. HABEEB, THOTTATHIL HOUSE, PERUMTHOTTAM, PPM ROAD, PUNALUR.
BY ADV. SRI.M.L.SAJEEVAN SRI.JAISON JOSEPH SRI.M.N.SANJITH
RESPONDENTS:
BY PUBLIC PROSECUTORSRI.JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
B.A.No.1351 of 2008
Dated this the 18th day of March, 2008
ORDER
Application for anticipatory bail. Petitioner is the 3rd accused. He faces allegations in a crime registered alleging offences punishable, inter alia, under Section 379 I.P.C. Altogether there are 4 accused persons. Accused 1 to 3 are alleged to have stolen a motor cycle and pledged the same before the 4th accused who advanced money on the strength of that stolen motor cycle. Investigation is in progress. The petitioner has not been arrested so far. The 4th accused has already been arrested and he was enlarged on bail as per order dated 21.02.08 in B.A.No.1013 of 2008. It is prayed that anticipatory bail may, in these circumstances, be granted to the petitioner.
B.A.No.1351 of 2008
2
invoke the extraordinary equitable discretion under Section 438 Cr.P.C. In these circumstances the petitioner may be directed to surrender before the learned Magistrate or the Investigating Officer and then seek regular bail. The crime is registered as Crime 90 of 2008 of Pathanapuram Police Station, submits the learned Public Prosecutor.
(R.BASANT, JUDGE)
rtr/-
B.A.No.1351 of 2008 3
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in the present case of theft of a motorcycle.
Whether the petitioner's lack of criminal precedents justifies invoking the extraordinary equitable discretion under Section 438 Cr.P.C.
1 provisions across 1 enactments
SAKEER HUSSAIN
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
