BIJU Vs. S I OF POLICE

JUDGEMENT

(1.) THESE are applications for anticipatory bail under S. 438 of the Code of Criminal procedure filed by one Biju, who is the second accused in Crime Nos. 407 of 2009 and 408 of 2009 of Erattupetta Police Station.

(2.) THE offence alleged against the petitioner in Crime No. 407 of 2009 is under Ss. 457 and 380 read with S. 34 of the Indian Penal Code. The offence relates to theft of 200 kgs. of rubber sheet. The offence alleged in Crime No. 408 of 2009 is under S. 379 read with s. 34 of the Indian Penal Code. The subject matter of theft in that case is a motor pump set.

(3.) THE petitioner and the first accused were arrested by the Kumali Police and Crime no. 374 of 2009 was registered under S. 41 (1) (d) of the Codeof Criminal Procedure, itis stated that confession statement of the accused persons were accorded in that case and on the basis of the same, Crime Nos,380 of 2009 and 381 of 2009 were registered by the kumali Police. Those crimes were subsequently transferred to Erattupetta Police Station since the offences were committed within the jurisdiction of that police station. Crime no. 380 of 2009 of Kumali Police Station was re-registered as Crime No. 407 of 2009 of erattupetta Police Station, while Crime No. 381 of 2009 of Kumali Police Station was re-registered as Crime No. 408 of 2009 of Erattupetta Police Station.