IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3828 of 2008() ----------------------------- CRIME NO.410/2006 OF MATTANCHERRY POLICE STATION .................... PETITIONERS: ACCUSED ----------------- 1. A.A.ANAZ. S/O.AZIZ.A.A, RESIDING AT AANFDAMKULAM ROAD, KOCHI-2 2. S.S.ABBASS, S/O.SAIDU, HOUSE NO.2/1168, THURUTHY, KOCHI-1 3. K.K.SALIM, S/O.KUNJUMON, HOUSE NO.4 281A, PUTHUASSERY PARAMBU, KOCHI-2 4. M.M.SAINUDHEEN, S/O.,MOHAMMED, HOUSE.NO.21/1348, MEKKARAPARAMBIL HOUSE, PALLURUTHY, KOCHI-6 5. P.H.FAIZAL, S/O.P.A.HAMZA, HOUSE NO.3/206, ERAVELI COLONY, KOCHI-1. 6. P.MOHAMMED ALI, S/O.PAREEKUTTY, HOUSE NO.4/354, M.A.S.S.ROAD, KOCHI-2. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, ERNAKULAM BY DGP SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3828 of 2008 ------------------------------------------- Dated this the 17th day of June, 2008 ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 409 IPC. The petitioners are head load workers. They along with others allegedly misappropriated huge amount of money worth crores by falsifying the receipt books etc. They allegedly did not show the correct amount collected from lorry owners in the carbon copy of the receipt and thereby misappropriated the amount for their own use. 3. Learned counsel for the petitioners submitted that as per the First Information Statement only the first accused was involved in the offence and the allegations were made only against him. But, the petitioners are subsequently brought in, in the array of accused without any basis, it is submitted. 4. Learned DGP, Sri.P.G.Thambi, submitted that the first accused was entrusted with the worker by the Executive officer, Kerala Head Load Workers Welfare Fund Board. But, he in turn BA 3828/08 2 entrusted the work with several other agents including the petitioners and he also handed over the receipt books to them. 5. The investigation is in progress. Learned DGP submitted that so far, about 4 crores are seen to have been misappropriated. The petitioners are required for identification by the lorry owners and drivers. Taking into account, the peculiar manner in which the offence is committed, the identification of the petitioners will be required for a proper investigation, it is submitted. I am satisfied of the submissions made and hence, on the facts and circumstances of this case, it may not be proper to grant anticipatory bail. 6. Of course, learned counsel for the petitioners submitted that though the main offender is the first accused, he was granted anticipatory bail by learned Sessions Judge and hence, the petitioners are also entitled for the same benefit. But learned DGP submitted that anticipatory bail was granted about more than one year back at a very early stage of investigation as per order dated 17.1.2007, when the local police was conducting the investigation. Seriousness of the offence and the involvement of others were revealed only when the investigation was taken BA 3828/08 3 up by the Crime Branch. The First Information Statement did not contain the whole details and hence, the first accused happened to be granted anticipatory bail in the peculiar circumstances. But that may not be taken as a ground to grant anticipatory bail to the petitioners. I can only accept these submissions. The petition is dismissed. K.HEMA, JUDGE csl