Mahesh K.P. v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 Bail Appl..No. 3626 of 2015 ---------------------------------------- CRIME NO. 155/2015 OF VELLARIKUNDU POLICE STATION , KASARGOD ---------------- PETITIONER(S)/ACCUSED NOS. 2 & 3 :

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1. MAHESH K.P., AGED 33 YEARS, S/O.KUNHIRAMAN, RESIDING AT 600 PANOLI, KODALI GRAMA PANCHAYATH, THALASSERY.

2. VIJESH E., AGED 36 YEARS, S/O.DAMODARAN, PUSHPALAYAM, CHITHRARI, PATTANNUR, KANNUR DISTRICT.

BY ADV. SRI.C.K.SREEJITH RESPONDENT(S)/COMPLAINANT :

--------------------------------------------------- THE STATE OF KERALA, THROUGH STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION, KASARAGOD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

BY PUBLIC PROSECUTOR SRI.V.S.SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

K.ABRAHAM MATHEW, J ----------------------------- B.A.No.3626 OF 2015 ----------------------------- Dated this the 29th day of June, 2015

O R D E R

-------------- Petition filed under Section 438 Cr.P.C.

2.

Petitioners are alleged to have committed the offence under Section 379 of Indian Penal Code. 3.

The prosecution case is that a vehicle which had been taken into custody by the officers concerned for illegally transporting river sand was taken away by the petitioners and thereby they have committed the offence of theft.

4.

Heard.

5.

Petitioners are accused 2 and 3. The learned Public prosecutor submits that the first Petitioner has already been arrested. Moreover, in the nature of the case it is not at all proper to grant him anticipatory bail. The investigation has only started.

In the result, this application is dismissed. sd/- K. ABRAHAM MATHEW JUDGE R.AV