IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 Bail Appl..No. 4608 of 2008(E) ----------------------------- CRIME NO.250/2007 OF VIYOOR POLICE STATION, PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, THRISSUR. PETITIONER/ACCUSED : -------------------- SALIMEN, S/O. MUTHUNAYAKOM, AYANTHITHOTTOM ROADNIKATHU VEEDU, PULLENTHERI, KUNNATHUKAL, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT/COMPLAINANT : ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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