IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6507 of 2007()
1. T.P.SIDDIQUE, AGED 34 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.K.MUHAMMED SALAHUDHEEN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :30/10/2007
O R D E R
R.BASANT, J.
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B.A.Nos.6507 & 6508 of 2007
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Dated this the 30th day of October 2007
O R D E R
These applications are for anticipatory bail. The petitioners
apprehend arrest as accused in crime No.19/04 of Mattanchery police
station registered inter alia under Section 468 I.P.C.
2. The de facto complainant, a trader, was served with a
notice of demand. Under such notice, huge amounts were demanded
from him. He realised then that articles were transported from the
State of Kerala to the State of Karnataka using forged delivery notes,
N forms and invoices in the name of the de facto complainant. The
crime was registered as early as on 6/1/2004. The investigation did
not make any progress. It is, at that stage, the present Circle
Inspector of Police has taken charge and he has started conducting
the investigation. His investigation has revealed that lorry loads were
conveyed in vehicles belonging to the petitioners herein from Kerala
to Karnataka using the forged documents in respect of the de facto
complainant. The petitioners have been arrayed as accused now. The
petitioners apprehend imminent arrest.
3. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. They are only owners of vehicles.
They drive their vehicles also. They have nothing to do with the
forgery of the documents. They have no role to play in the alleged
B.A.No.6507 & 6508/07 2
illicit transportation of consignments from Kerala to Karnataka. They
are innocent drivers. They cannot be mulcted with knowledge or
responsibility for the nature of the documents used by the consignors
or consignees in the vehicle. In these circumstances, the petitioners
may be granted anticipatory bail, submits the learned counsel for the
petitioner.
4. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the investigation reveals
the complicity of the petitioners. They are owners of the vehicles. It
is submitted at the Bar by the learned counsel for the petitioner that
the petitioners are drivers as well. Vehicles were used for illicit
transportation making use of the forged documents in the name of the
de facto complainant. All present indications point to the complicity
of the petitioners. They will have to be arrested and interrogated. If
they give satisfactory explanation, there is no reason why such
explanation will not be accepted. At any rate, the petitioners may not,
at this stage of the investigation be permitted to arm themselves with
an order of anticipatory bail. Such course would hamper the smooth
course of investigation. The investigation has to take strides ahead.
No breakthrough has been made in the investigation so far. In these
circumstances, the petitioners may not be granted anticipatory bail,
submits the learned Public Prosecutor.
B.A.No.6507 & 6508/07 3
5. Having considered all the relevant circumstances, I find
merit in the opposition by the learned Public Prosecutor. I am
satisfied that there are no features in this case which would justify
invocation of the extraordinary equitable discretion under Section 438
Cr.P.C. This is a fit case where the petitioner must appear before the
investigating officer or the learned Magistrate having jurisdiction and
then seek regular bail in the normal and ordinary course.
6. In the result, this petition is dismissed. Needless to say, if
the petitioner surrenders before the investigating officer or the
learned Magistrate and applies for bail, after giving sufficient prior
notice to the Prosecutor in charge of the case, the learned Magistrate
must proceed to pass appropriate orders on merits, in accordance
with law and expeditiously.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.6507 & 6508/07 4
B.A.No.6507 & 6508/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007