IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6119 of 2008() ----------------------------- CRIME NO.153/1998 OF MEDICAL COLLEGE POLICE STATION, KOZHIKODE AND RE-NUMBERED AS 302/CR/53/2004 OF CBCID, SIG III, KOZHIKODE PETITIONER (S): 4TH ACCUSED ------------------------------- NAZAR, S/O. ABDUL HANEEFA, BEENA NIVAS, KOTTARAKARI, MURUKKUMPUZHA, CHIRAYANKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6119 of 2008 ------------------------------------------------- Dated this the 22nd day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 379, 411, 414 and 120B read with Section 34 IPC. According to prosecution, petitioner (A4) was engaged in theft of motor vehicles and after the theft, registration number used to be changed to number of another State and thereafter, again changed to registration of Kerala State. The offence in this manner was committed by the petitioner in conspiracy with all the accused, in respect of several vehicles. 3. Learned counsel for the petitioner submitted that the documents produced by him, which are Annexures A1 to A4, will clearly reveal that Museum police had registered a case as crime No.267/99 against the petitioner for commission of theft of the same vehicle involved in this case. Thus, on the same allegations, two crimes are registered, one at the Medical College Police Station and another at the Museum Police Station. It is also submitted that though the vehicle was already BA No.6119/08 2 recovered by the Museum police, a false report was given that the petitioner is required for recovery. But, a commission was taken at the instance of the petitioner and it was reported by the commissioner that the vehicle was available in the premise of the Museum Police Station. In the above circumstances, it is submitted that this is a false case and anticipatory bail may be granted to the petitioner. 4. Learned public prosecutor opposed this bail application and pointed out that the earlier application by the petitioner was dismissed as per order dated 7.8.2008 in B.A.No.4927/2008, considering the same contentions. The crime was registered as early as on 6.7.1998 and the petitioner is not available for arrest so far. Petitioner's involvement was revealed as early as on 30.3.2003 and petitioner is required for an effective interrogation. Petitioner is involved in cases of similar nature. It is also submitted the allegation that in respect of theft of the same vehicle, two crimes are registered at two different police station is absolutely incorrect. The vehicle involved in this case is a Maruti Van whereas in the crime no.267/99, the stolen vehcile is a Maruti Car. The registration number of these BA No.6119/08 3 vehicles are also different. This fact is discernible from the annexures produced by the petitioner himself. The documents also refer to two different vehicles, a Maruti car and a Maruti van. 5. On hearing both sides, I am satisfied that the nature of allegations made against the petitioner are serious in nature. The argument that with respect to the theft of the same vehicle, two crimes are registered does not appear to be impressive on the basis of materials now available before this Court. In such circumstances, I do not think it fit to grant anticipatory bail. Petitioner is required for interrogation from 2003 onwards and the crime is registered as early as in 1998 and the matter is being investigated by the Crime Branch now. Hence, petitioner is directed to surrender before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE csl