ANAND vs STATE OF KERALA

This petition is filed under section 438 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No.1447 of 2017 of the Palodu Police Station registered alleging offences punishable under sections 447,

435 and 436 of the IPC.

The aforesaid crime was registered on 26.11.2017 on the basis of information furnished by one Krishnakumar. According to him, sometime in

the midnight of 26.11.2017, somebody trespassed into his house premises and set ablaze a car and a scooter causing loss to the tune of

Rs.30,000/-. Investigation later revealed the involvement of the petitioner .

The learned counsel appearing for the petitioner submitted that the petitioner is in his late teens and asserted that he is innocent. No names have

been mentioned in the FIR. Purely on the basis of suspicion, he was included in the array of the accused. The learned counsel with much

vehemence prayed that he be granted relief and be spared from custodial interrogation .

The learned Public Prosecutor has stoutly opposed the said prayer. According to the learned counsel, the petitioner was not in good terms with

the owner of the bike which was kept in the house of the informant. It is submitted that a detailed probe was conducted and the prosecution has

been able to get hold of clinching materials which links the petitioner with the offence.

I have considered the submissions advanced and have gone through the case diary. The allegations are grave and prima facie, it appears that

there are materials which point to the involvement of the petitioner. Furthermore, the investigation is in the early stages. It does not appear to me

that this is a fit case for granting pre arrest bail to the petitioner.

The learned counsel prays that a direction be issued to enable the petitioner to surrender before the jurisdictional court. I see no need for

issuance of any such directions. The petitioner shall surrender as expeditiously as possible and if an application for bail is filed, the same shall be

considered and orders shall be passed on its merits.

This petition is dismissed.