Mr.Arun Raj v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 Bail Appl..No.2346 of 2015 ------------------------------------- CRIME NO.1552/2014 OF PALLURUTHY (KOCHI KASBA)POLICE STATION, ERNAKULAM.

..

PETITIONER/3RD ACCUSED:

------------------------------------------ MR.ARUN RAJ,AGED 25 YEARS,S/O.BABU RAJ, THOTTEKKAADU NILAMBUR MALAPPURAM,KERALA.

BY ADVS.SRI.SAIBY JOSE KIDANGOOR SRI.P.M.MOHAMMED SALIH RESPONDENTS/STATE & COMPLAINANT:

------------------------------------------------------------- 1.

STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2.

STATION HOUSE OFFICER, PALLURUTHY POLICE STATION-682 005.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

K. ABRAHAM MATHEW, J.

............................................

B.A.No. 2346 of 2015 (C) ............................................... Dated this the 27th day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2. The petitioner is the third accused in Crime No. 1552 of 2014 of Palluruthy Police Station registered for the offences under sections 120B, 381, 403, 408, 420, 477A and 506 of IPC.

3. The allegation is that at 00.30 hours on 12.10.2014, he along with the co-accused went to Aqua Seafood Private Limited and unauthorizedly took away some documents and removed Rs. 4,50,000/- and committed the other offences mentioned in the FIR. Learned counsel submits that the petitioner was only a Driver of the vehicle and he was not involved in the alleged commission of the offences.

4. Heard.

5. It has revealed in the investigation that the petitioner along with the first accused reached the Aqua Seafood Private Limited from where the documents were removed and cash was taken away. The time is 00.30 hours. The prosecution version is that the petitioner was a standing guard outside the building facilitating the commission of the offences by the co-accused.

6. The facts indicate that prima facie, he was also involved in the commission of the offences. Releasing him on anticipatory bail will adversely affect the investigation. So, I am not inclined to grant the

B.A.No. 2346 of 2015 (C) ::2::

prayer of the petitioner.

In the result, this application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge