Petition under Section 438 Cr.P.C. 2. Petitioner is the accused in Crime No.896/2014 of Munnar Police Station registered for the offence punishable under Section 379 of the Indian Penal Code.
3. The allegation against the petitioner is that a total quantity of 382 packets of tea were entrusted to the petitioner by KDHP Company, Mattupetty for transporting it by his lorry bearing Reg.No.KL-40/8644. It is alleged that out of the said quantity of tea, 3 packets of tea weighing 115 Kgs. worth ₹16,000/-, were stolen away by the petitioner at 3 p.m. on 26.8.2014, by his Omni Van bearing Reg.No.KL-06-154, from the front side of the Hill View Hotel, Munnar.
4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The allegation against the petitioner is very grave and serious. It seems that the subject matter of the theft has been recovered. At the same time, the investigation of the case is not over. Considering the facts and circumstances of the case and the seriousness of the allegations against the petitioner, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioner.
5. 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.
6. In the result, this bail application is dismissed. At the same time, if so advised, the petitioner may surrender before the investigating officer within seven days from today and in such case, the investigating officer can interrogate the petitioner, 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.
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B.KEMAL PASHA, JUDGE dl // TRUE COPY // PA to Judge