This single-line bail order in a theft case under IPC Sections 380 and 457 held it was not a fit case for anticipatory bail. The court directed petitioners to surrender within seven days to cooperate with investigation, noting the delay in arrest over a year.
Petition allowed; petitioners directed to surrender for interrogation within seven days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MRS. JUSTICE K.HEMA
THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930
Bail Appl..No. 5584 of 2008()
----------------------------CRIME NO.157/08 OF KODENCHERRY POLICE STATION
PETITIONERS/2ND AND 3RD ACCUSED
BY ADV. SRI.CIBI THOMAS
RESPONDENT(S): COMPLAINANT & STATE
PUBLIC PROSECUTOR SHRI.M.S.BREEZE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.HEMA, J.
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B.A.No.5584 of 2008
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Dated this the 23rd October, 2008
O R D E R
This petition is for anticipatory bail.
BA.5584/08 2
were also present at the time of sale of the article. It is also in evidence that the articles were brought in a jeep owned by the second petitioner. The petitioners are required for interrogation and identification by the witness, it is submitted. Learned Public Prosecutor also pointed out that the petitioners are involved in two other crimes also. In an offence of this nature, it is not proper to grant anticipatory bail.
Petitioners are directed to surrender before the investigating officer within seven days from today and co-operate with the investigation.
With this direction, petition is allowed.
K.HEMA, JUDGE
vgs.
1 issue framed by the court
Whether anticipatory bail should be granted in a theft case where the investigation is pending.
CHANDRA BOSE
KANAKAN
THE SUB INSPECTOR OF POLICE, KODENCHERRY POLICE STATION
KHEMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
