IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4608 of 2008()
1. SALIMEN, S/O. MUTHUNAYAKOM,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.G.SUDHEER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :05/08/2008
O R D E R
K.HEMA, J.
------------------------------
B.A. No.4608 OF 2008
------------------------------
Dated this the 5th day of August, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 420 IPC.
According to the prosecution, the defacto complainant entrusted
the driver of the lorry which belonged to the petitioner to
transport certain asbestos sheet to Kollam. But in furtherance of
common intention of the petitioner, the driver and cleaner the
articles were unloaded at a different place for unlawful gain.
Thereby they allegedly cheated the defacto complainant and a
crime was registered under Section 420 IPC. It is also alleged
that for transporting vehicle, fake registration number plate was
used.
3. Learned counsel for the petitioner submitted that the
petitioner is absolutely innocent of the allegations made. The
only allegation is that the fake number plate was used. The
petitioner was in judicial custody for a very long time. The
petitioner is falsely implicated in the case after a long period. A
crime was registered by the Viyyoor police in the year 2007 and
B.A.4608/2008
2
the petitioner is apprehending arrest in connection with the said
crime.
4. This petition is vehemently opposed. Learned Public
Prosecutor pointed out that the petitioner is involved in other
similar crime in which it is alleged that articles were transport to
a destination which is other than what is required by the persons
who engaged the petitioner’s lorry for transporting articles. In the
course of commission of that crime, the Parassala police arrested
the petitioner. As far as this case is concerned, there are
materials in the case diary to show that the petitioner was
present at the place where the article was unloaded, in
contravention of the instructions given by the defacto
complainant. In both cases fake number plates were used with
dishonest intention. The petitioner could not be arrested so far.
On hearing both sides, in an offence of this nature, I am not
inclined to grant anticipatory bail to the petitioner.
The petition is dismissed.
K.HEMA, JUDGE
pac