IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3373 of 2008() ----------------------------- CRIME NUMBER NOT KNOWN OF THE CENTRAL POLICE STATION, ERNAKULAM PETITIONER/ACCUSED: ------------------------------------ SHOJU, S/O. JOSE, PODIMATTATHIL HOUSE, MUTTOM, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE: ------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3373 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 120B, 468, 471, 424 and 420 read with Section 34 of the Indian Penal Code. According to prosecution, in furtherance of a common intention, petitioner along with two others, committed various offences by forging certain documents for availing a loan of Rs.7,40,000/- from a financier. Title deeds were pledged to the financier and the loan was obtained. Later, it was understood that the title deeds were forged documents. Therefore, a complaint was filed by the financier and a crime was registered against the petitioner and two others. 3. This petition is opposed. Leaned Public Prosecutor submitted that the petitioner is involved in other similar offences along with co-accused. He will be required for custodial interrogation and his release will adversely affect the investigation. 4. Learned counsel for petitioner argued that the petitioner is not involved in any offence. He is only a driver by profession and was driving buses for the past 8 years. He was employed by one of BA.3373 OF 2008 2 the accused in this case, who is a vehicle broker and on his instructions he had taken a lorry from Erattupetta to Thodupuzha as a driver. Except that, he is not aware of any other allegations made. Somebody might have impersonated as the petitioner and stood as guarantor for availing loan from the financier. But the petitioner is absolutely innocent. 5. On hearing both sides, I am satisfied that the complicity of the petitioner in the crime is to be investigated into. As stated by learned Public Prosecutor, the custodial interrogation of the petitioner may, therefore, be required. Hence, grant of anticipatory bail may stand in the way of an effective investigation. Hence, I am not inclined to grant anticipatory bail. The petition is dismissed. K.HEMA, JUDGE vgs.