Shihab v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 Bail Appl..No. 4077 of 2015 () ------------------------------- CRIME NO. 887/2015 OF NORTH PARAVOOR POLICE STATION, ERNAKULAM DISTRICT ---------------------- PETITIONER(S)/ACCUSED:
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1. SHIHAB, S/O.MUHAMMED ALI, AGED 36 YEARS, UNICHIRAYATTU HOUSE,KOTTAPADI, KOTHAMANGALAM.
2. NISSAR, AGED 45 YEARS, S/O.BAVA, KAITHAKKAL HOUSE, CHITTATTUKARA,NORTH PARAVUR.
3. JINIL @ JINI, AGED 29 YEARS, S/O.ABDUL KAREEM, KURIKKAPPADATHU, ERIYADU, KODUNGALLOOR.
BY ADVS.SRI.SALIM V.S.
SRI.SHANAVAS.S SRI.H.NUJUMUDEEN SRI.P.V.JEEVESH RESPONDENT/COMPLAINANT:
------------------------------------------------ STATE OF KERALA THROUGH S.H.O., NORTH PARAVOOR POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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K. ABRAHAM MATHEW, J.
---------------------- B.A. No.4077 of 2015 -------------------------------------------- Dated this the 17th day of July 2015
O R D E R
Petition filed under Sec.438 Cr.P.C.
2. Petitioners are accused nos.1 to 3 in Crime No.887 of 2015 of North Paravoor Police station registered for the offence under Sec.379 read with Sec.34 of the Indian Penal Code. The prosecution case is that they along with the co-accused committed theft of 10 barrels of bitumen (tar) which had been kept near a godown of the 1st informant company.
3. Heard both sides.
4. Learned counsel submits that the stolen articles have already been recovered.
5. That alone cannot be a ground to claim anticipatory bail. The nature of the offence does not permit granting of anticipatory bail to the petitioners. In the result, the bail application is dismissed. Sd/- K. ABRAHAM MATHEW JUDGE / True Copy / NS P.A. To Judge