Shijo Pappachan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 Bail Appl..No. 2869 of 2015 ------------------------------- CRIME NO. 283/2015 OF AMBALAMEDU POLICE STATION, ERNAKULAM. .........

PETITIONER/ACCUSED:

---------------------------------- SHIJO PAPPACHAN, AGED 31 YEARS, S/O PAPPACHAN, MULLOOR HOUSE, PUTHENCRUZ P.O, KARIMUGAL, ERNAKULAM DISTRICT, PIN - 682 308.

BY ADVS.SMT.LATHA T.THANKAPPAN SRI.K.C.PAULOSE RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

2. SUB INSPECTOR OF POLICE, AMBALAMEDU POLICE STATION, PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT.

BY PUBLIC PROSECUTOR SMT.REMA.R THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - B.A. No.2869 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

2.

Petitioner along with the co-accused is alleged to have committed theft of copper wire belonging to a Company. The case has been registered for the offence under Section 379 of Indian Penal Code.

3.

Heard.

4.

The learned counsel submits that the petitioner is not involved in the case and he is an epileptic patient. The prosecution documents prima facie indicate involvement of the petitioner in the incident. The stolen article was recovered from the vehicle in which he was working. Merely because he is an epileptic patient he cannot be granted anticipatory bail. In the result, this application is dismissed. Learned counsel submits that the petitioner will surrender before the Investigating Officer. He may do so if he is so advised.

sd/- K. ABRAHAM MATHEW JUDGE R.AV