IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 Bail Appl..No. 5184 of 2008() ----------------------------- CRIME NO.63/2007 OF KASBA POLICE STATION, KOZHIKODE PETITIONERS: ACCUSED ------------------------ 1. K.S. SELVARAJ, S/O. LATE K.N. SADASIVAN, AGED 51, STOREKEEPER, KALLCOKUNNEL HOUSE, P.O. KANUL, CANNANORE-670 564. 2. T.K. KRISHNADAS, S/O. LATE T.R. PARAMESWARAN, AGED 48, STOREKEEPER, SWETHA, P.O. TEMPLE GATE, TELLICHERY. BY ADV. SRI.K.RAMAKUMAR (SR) SMT.SMITHA GEORGE SRI.MANU TOM RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLOIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI. 2. THE STATION HOUSE OFFICER, KASBA POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5184 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of September,2008 O R D E R Application for anticipatory bail. 2. The alleged offence is under section 409 IPC. According to the prosecution, a search was conducted in the Touring Book Stall at Kozhikode and certain books, which are intended to be sold only through the Government depot, were seized. On questioning employees of the stall, it was revealed that those books were supplied by petitioners. They also forged certain documents to make it appear that those books were sold to certain Headmistresses of certain schools. They were questioned and it was revealed that they had not purchased the books. 3. Learned counsel for the petitioner submitted that petitioners are store keepers of Thalassery and Kannur and it is highly improbable that they will commit of the offence in the manner alleged. The books are available at any co-operative societies and it can be purchased by any person and therefore, it is not necessary that people from Touring Book Stall have to go to BA 5184/08 -2- Thalassery for procuring the same. Even if some loss is caused to Government, it can be realized from petitioners, if they are found guilty. Petitioners have absolutely nothing to do with the crime and they are falsely implicated in the offence. 4. This application is opposed. Learned Public Prosecutor submitted that false vouchers are seized from the depot. Some vouchers which are purported to be issued by the Headmistress of several schools were seized from the premises of the stores where petitioners are working. On questioning the concerned teachers, it was found that they had not prepared those documents. Therefore, it is suspected that petitioners prepared the same. There is also deficit of the books in the store. Apart from this, search was conducted in the Book stall and persons were questioned and they had stated that petitioners are responsible for giving the books to the stall. In such circumstances, it is not proper to grant anticipatory bail to petitioners, it is submitted. 5. On hearing both sides, in the nature of the allegations made and considering the nature of the investigation which may be required, I find that interrogation of the petitioners will be required. Since forgery is likely to be revealed, it is essential that BA 5184/08 -3- petitioners are interrogated. Granting of anticipatory bail in an offence of this nature will adversely affect the investigation. Hence the application is dismissed. K. HEMA, JUDGE. mn.