IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5184 of 2008()
1. K.S. SELVARAJ,
... Petitioner
2. T.K. KRISHNADAS,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.K.RAMAKUMAR (SR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :03/09/2008
O R D E R
K. HEMA, J.
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B.A.No. 5184 of 2008
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Dated this the 3rd day of September,2008
O R D E R
Application for anticipatory bail.
2. The alleged offence is under section 409 IPC. According
to the prosecution, a search was conducted in the Touring Book
Stall at Kozhikode and certain books, which are intended to be
sold only through the Government depot, were seized. On
questioning employees of the stall, it was revealed that those
books were supplied by petitioners. They also forged certain
documents to make it appear that those books were sold to
certain Headmistresses of certain schools. They were questioned
and it was revealed that they had not purchased the books.
3. Learned counsel for the petitioner submitted that
petitioners are store keepers of Thalassery and Kannur and it is
highly improbable that they will commit of the offence in the
manner alleged. The books are available at any co-operative
societies and it can be purchased by any person and therefore, it
is not necessary that people from Touring Book Stall have to go to
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Thalassery for procuring the same. Even if some loss is caused to
Government, it can be realized from petitioners, if they are found
guilty. Petitioners have absolutely nothing to do with the crime
and they are falsely implicated in the offence.
4. This application is opposed. Learned Public Prosecutor
submitted that false vouchers are seized from the depot. Some
vouchers which are purported to be issued by the Headmistress
of several schools were seized from the premises of the stores
where petitioners are working. On questioning the concerned
teachers, it was found that they had not prepared those
documents. Therefore, it is suspected that petitioners prepared
the same. There is also deficit of the books in the store. Apart
from this, search was conducted in the Book stall and persons
were questioned and they had stated that petitioners are
responsible for giving the books to the stall. In such
circumstances, it is not proper to grant anticipatory bail to
petitioners, it is submitted.
5. On hearing both sides, in the nature of the allegations
made and considering the nature of the investigation which may
be required, I find that interrogation of the petitioners will be
required. Since forgery is likely to be revealed, it is essential that
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petitioners are interrogated. Granting of anticipatory bail in an
offence of this nature will adversely affect the investigation.
Hence the application is dismissed.
K. HEMA, JUDGE.
mn.