Petition filed under Section 438 Cr.P.C. 2. Petitioner is the 3rd accused in Crime No.405 of 2014 of Alathur Police Station, Palakkad District registered for the offences punishable under Sections 379, 411 and 201 IPC read with Section 34 IPC.
3. A1 and A2 allegedly committed theft of jeep bearing registration No.KL-8M-7668 about worth ₹1,50,000/- belongs to the defacto complainant, from the car porch of the defacto complainant. It is alleged that they handed over the vehicle to the petitioner, thereby entrusting him with the duty to sell it. Thereafter, it is alleged that the petitioner sold the vehicle to a person named Babu Paul of Perumbavur, from whom it was recovered and seized.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. The contents of the CD prima facie reveal the complicity of the petitioner. This is not a fit case wherein anticipatory bail can be granted. The investigation of this case is not over. Considering the facts and circumstances of the case, I am of the view that the petitioner is not entitled to the discretionary relief of anticipatory bail.
6. The learned counsel for the petitioner seeks for an opportunity to the petitioner to surrender before the investigating officer and to co-operate with the investigation. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within five days from today and in such case, the investigating officer can interrogate the petitioner, effect recovery if any, and conduct the investigation and produce the petitioner without delay before the concerned Judicial First Class Magistrate's Court, where the petitioner can move for bail. In such case, the learned Magistrate shall pass appropriate orders, preferably on the same day itself, provided advance notice on such application has been given to the Assistant Public Prosecutor also.
Sd/-
B.KEMAL PASHA, JUDGE DSV/27/11 // True Copy // P.A. To Judge