IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 Bail Appl..No. 7791 of 2008(F) ----------------------------------------- (CRIME NO. 344/CR/SIG III/2005 OF CBCID KOZHIKODE) .................... PETITIONER: ------------------- K.MUHAMMADALI, S/O.MOYIN HAJI, AGED 35,KARIMBINKAL HOUSE, MONGAM.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DETECTIVE INSPECTOR, CBCID,SIG 111/ 2005, KOZHIKODE. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7791 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 468, 471, 420 read with section 34 IPC. According to prosecution, registered owner of a mini lorry wanted to purchase a mini bus and he entrusted 1st accused with all papers and documents to purchase the same. The 1st accused in furtherance of common intention with two other accused, purchased a chassis of a goods vehicle and converted into that of a mini bus at the body building workshop of petitioner and it was taken for registration. Later, it was noticed that several documents were forged and petitioner and others committed various offences. 3. Learned counsel for petitioner submitted that petitioner is running a body building workshop and he is absolutely innocent of the allegations made. It is submitted that he is engaged in the work of body building and he has no criminal intention to commit the offence as alleged. It is pointed out that registered owner is the person who got vehicle registered, but his name is deleted from the array of accused. BA 7791/08 -2- Learned counsel for petitioner also submitted that the Motor Vehicle Inspector was granted anticipatory bail and hence, the same benefit may be granted to petitioner as well. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that originally registered owner was also an accused and on investigation, it was revealed that he only wanted to purchase a mini bus and for this purpose, he had entrusted the matter with the 1st accused to whom he gave signed papers and various documents, but offences were committed by accused 1 to 3 in furtherance of common intention. Registered owner is actually cheated by accused and he has no involvement in the offence committed. Therefore, his name was deleted from the array of accused. 5. But, as far as petitioner is concerned, he has active role in the offence and he knew that chassis of a good vehicle was being converted into that of a mini bus, which was illegal, it is submitted. Petitioner is required for arrest and interrogation and a crime was registered as early as on 26-7-2005. The Motor Vehicle Inspector was made an accused in this case, but he was granted anticipatory bail, since, prima facie, he was guilty of only dereliction of duty without criminal intention, as revealed BA 7791/08 -3- from certain documents. But, the benefit granted to him cannot be extended to petitioner, since he is not similarly placed, it is submitted. 6. On hearing both sides, considering the facts and circumstances of the case, I find that in the nature of the allegations made and the nature of investigation required, this is not a fit case to grant anticipatory bail. Granting of anticipatory bail to the Motor Vehicle Inspector cannot be made a ground to grant anticipatory bail to petitioner, since both are differently placed. Hence, petitioner is directed to surrender before the Investigating Officer without any delay and co-operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.