IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 1720 of 2009() ----------------------------- CRMP.722/2009 of DISTRICT COURT, ALAPPUZHA CRIME NO.138/2009 OF ALAPPUZHA NORTH POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------- BIJUMON.V.C, AGED 27 YEARS S/O.CHANDRASEKHARAN NAIR, PANAYIL VELIYIL KALAVOOR PO, MARARIKULAM SOUTH PANCHAYATH ALAPPUZHA. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT/STATE &COMPLAINANT: -------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE C.I.OF POLICE, ALAPPUZHA NORTH POLICE STATION NOTICE TO WHOM MAY BE SERVED ON PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1720 of 2009 ------------------------------------ Dated this the 1st day of July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.138/2009 of Alappuzha North Police Station. 2. The offences alleged against the petitioner are under Sections 465 and 471 of the Indian Penal Code. 3. The gist of the prosecution case is as follows. The petitioner is a medical representative of Ranbaxy Ltd.. He purchased medicines worth Rs.53,35,479/- from Ocean Medicals, Alappuzha as if those medicines were intended to be supplied to Padmavathy Medical Foundation Hospital, Bharanikavu. Likewise, the petitioner purchased medicines worth Rs.35,24,612/- from Ocean Medicals, Alappuzha under the pretext that those medicines are to be supplied to the Taluk Hospital, Mavelikkara. The medicines so purchased by the petitioner were not supplied to the Padmavathi Medical Foundation Hospital or to the Taluk B.A. No. 1720 /2009 Page numbers Hospital, Mavelikkara, but those medicines were supplied to Royal Medicals, Erode, which ultimately came to the hands of persons belonging to LTTE, an organisation banned by the Govt. of India. It is alleged that the documents were produced by the petitioner for the purpose of purchasing the medicines for and on behalf of Padmavathy Medical Foundation Hospital and the Taluk Hospital. 4. It would appear that a news item appeared in the Kerala Kaumuthi Flash that large quantity of medicines were being purchased from Alappuzha to be supplied to LTTE. On the basis of that news item, Special Branch DYSP was entrusted with the duty to make an enquiry. After making necessary enquiry, the DYSP, Special Branch, Alappuzha sent a communication to District Superintendent of Police, Alappuzha. On the basis of that communication, the F.I.R was registered in the present case. The hospital authorities of Padmavathy Medical Foundation Hospital were questioned and it was revealed that with the help of the petitioner, only medicines worth Rs.3,43, 834/- were purchased by the hospital. The Medical B.A. No. 1720 /2009 Page numbers Superintendent of Taluk Hospital, Mavelikkara stated that no orders were given by the hospital for purchase of any such medicines from the whole sale distributors as alleged. It is further stated that usually medicines were being purchased from the Neethi or Maveli Medical shops and one S.K. Medical Agencies. It was also stated by him that no medicines were purchased by him for the Taluk Hospital from the Ocean Medicals, Alappuzha during the last financial year. It is also stated that all payments were being made by demand drafts except for amounts upto Rs.1,000/-. 5. The learned counsel for the petitioner submitted that the First Information Report does not disclose the ingredients of offences under Sections 465 and 471 and therefore, the petitioner is not liable to be arrested on the basis of the same. It is also stated that the petitioner is entitled to get an order for anticipatory bail under Section 438 of the Code of Criminal Procedure. In this Bail Application, it is not necessary to arrive at a final decision as to whether the ingredients of the offence under Sections 465 and 471 are made out. No such conclusive B.A. No. 1720 /2009 Page numbers decision need be arrived at while disposing of this Bail Application. At the same time, I am not inclined to accept, prima facie, the contention put forward by the petitioner that no offcence is made out against him. 6. I have gone through the case diary. There are materials to indicate that the offences referred to above were committed. Whether the petitioner has committed the offence is a matter for the decision of the trail court. Primafacie, I am not inclined to accept the contention of the petitioner that there is nothing to connect him with the offence. Custodial interrogation of the petitioner would be required, in the natrue of the offence involved in the case. 7. In the facts and circumstances mentioned above, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The discretionary relief under Section 438 of the Code of Criminal Procedure can be granted to the petitioner only if circumstances warrant for the same. In the nature of the allegations made and taking into account the nature and gravity of the office, I do not think that the petitioner B.A. No. 1720 /2009 Page numbers is entitled to get the relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm