IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Bail Appl..No. 448 of 2009() ---------------------------------- CRIME NO.364/2008 OF ERUMAPETTI POLICE STATION PETITIONER/ACCUSED : ----------------------------- VIJAYAN, S/O. BHAGAVAN, KARUVAZHI VEETTIL, VALLAKKADAVU, ERUMAPETTI. BY ADV. SRI.C.RAJENDRAN RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------- B.A. No.448 OF 2009 -------------------------------- Dated this the 5th day of February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 408 I.P.C. According to prosecution, cigarettes worth Rs.1.2 Crores were being transported from Bangalore to Kerala by first accused and he deviated from the destination and later Varakala police arrested certain persons under suspicious circumstances. Some cartons of cigarettes were seized from their possession. A crime was registered by Varkala police under Section 41(1) (d) Cr.P.C. later it was revealed that those articles are part of the cigarettes transported by first accused. Petitioner is the twelfth accused and from his car also, cartons of cigarettes were seized. From petitioner's house also, cigarettes were seized. 3. Learned counsel for petitioner submitted that petitioner was arrested by the Varkala Police in a crime registered under Section 41(1)(d) of Cr.P.C. and he was released on bail. Now petitioner is required for arrest in this B.A.No.448 of 2009 2 case. Petitioner is innocent of the allegations made. It is true that from the car belonging to petitioner certain cartons of cigarettes were seized but, petitioner has nothing to do with it. Petitioner was not present in the car, admittedly, at the time of seizure. 4. This petition is opposed. Learned Public Prosecutor submitted that co-accused had applied for anticipatory bail and it was dismissed, after considering various facts and circumstances. It is true that the Varkala Police released petitioner on bail. But the arrest was only under suspicious circumstances. It is revealed that cigarettes seized by the Varkala Police are the articles involved in this case. Cigarettes worth Rs.1.2 Crores are stolen by various persons including petitioner and he has no explanation for the possession of the cigarettes. On hearing both sides and on considering the serious nature of allegations made, I am satisfied that petitioner's interrogation will be required to find out his complicity in the offence and the manner in which the offence is committed. It is not a fit case to grant anticipatory bail. B.A.No.448 of 2009 3 i) Petitioner is directed to surrender before the investigating officer within seven days from today and co-operate with the investigation. Whether petitioner surrenders or not, police is at liberty to arrest him and proceed in accordance with law. ii) No further application for anticipatory bail by petitioner will be entertained by this court in this crime. The petition is dismissed. K.HEMA, JUDGE pac