IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 Bail Appl..No. 177 of 2009() ---------------------------- CRIME NO.364/08 OF ERUMAPETTY POLICE STATION PETITIONER ------------------------------ NAZARUDEEN, AGED 48, S/O.ABDUL MAJEED VADAKKEVILAKATHU VEETTIL, NEAR BY PALLIYAMPARAMBIL TEMPLE, ANDOORKONAM,KAZHAKKOOTTAM VILLAGE THIRUVANANTHAPURAM DIST. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 177 of 2009 ----------------------------------------- Dated this the 2nd February, 2009 O R D E R This petition is for bail. 2. The alleged offence is under Section 408 of the Indian Penal Code. According to prosecution, first accused, as the driver, was transporting cigarettes worth more than Rs.1 crore from Bangalore to Kerala and, instead of taking the consignment to the destination, he deviated to other places and thereafter he and the consignment were missing. Later, Varkala police found certain persons in suspicious circumstances and cigarettes were also seized from them. Crime under Section 41(1)(d) Cr.P.C was registered. On investigation, it is revealed that 14 persons are involved in the crime and petitioner is the 13th accused. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. Even as per the allegations made by prosecution, according to Varkala police, petitioner has purchased two cartons of cigarettes worth Rs.50,000/- which is the actual price for the cigarettes. He was released on bail also. But, now petitioner is being required for arrest in this case. 4. This petition is opposed. Learned Public Prosecutor submitted that petitioner was arrested under suspicious circumstances by Varkala Police and he was released on bail. But, now it is understood that petitioner is involved in the crime registered by Erumapetty Police Station and he is BA.177/09 2 required for arrest. It also pointed out that two cartons of cigarettes were seized from the petitioner's possession, for which petitioner has no satisfactory explanation, except by saying that he purchased the same from one Vijayan, 12th accused. 5. On hearing both sides and on considering the 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. 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. Petition is dismissed. K.HEMA, JUDGE vgs.