Vijayan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 Bail Appl..No. 6852 of 2015 () ------------------------------- CRIME NO. NOT KNOWN OF PANANGAD POLICE STATION, ERNAKULAM DISTRICT --------------------- PETITIONER/ACCUSED :

------------------------------------ VIJAYAN, AGED 38 YEARS S/O.BHASKARAN, NIKITHA NIVAS, THANDASSERY COLONY NETTOOR P.O., ERNAKULAM.

BY ADV. SRI.MANSOOR B.H.

RESPONDENT/STATE/COMPLAINANT :

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

[THROUGH STATION HOUSE OFFICER PANANGAD POLICE STATION, ERNAKULAM DIST.] BY PUBLIC PROSECUTOR SMT. R. REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.6852 of 2015 -------------------------------------------- Dated this the 3rd day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioner is the 6th accused in Crime No.1112 of 2014 of Panangad Police station registered for the offences punishable under Secs.379 read with Sec.34 of the Indian Penal Code. Prosecution case is that the petitioner along with other accused committed theft of six buffalos between 11.00 p.m. on 27.07.2014 and 6.00 a.m. on 28.07.2014.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. Learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations.

5. Learned Public Prosecutor opposed the bail application. It is contended that the petitioner is involved in two other crimes of similar nature.

Considering the nature of allegations, I am not inclined to grant pre arrest bail to the petitioner. Hence,

Bail Appl. No.6852 of 2015 2 following directions are issued.

The petitioner shall surrender before the Investigating Officer within a period of two weeks from today and submit himself for interrogation.

After questioning, the Investigating Officer shall produce the petitioner before the learned Magistrate having jurisdiction on the date of surrender itself. Thereafter, the petitioner is free to move for bail before the learned Magistrate and in that event, the learned Magistrate may consider the application on merits if possible on the date of surrender itself. If the petitioner does not surrender before the investigating officer as directed, the investigating officer is free to arrest him after the stipulated period.

Sd/- A. HARIPRASAD JUDGE / True Copy / NS/03/12/2015 P.A. To Judge