IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 Bail Appl..No. 4438 of 2008() ----------------------------- CRIME NO.667/2007 OF THODUPUZHA POLICE STATION PETITIONER/ACCUSED -------------------------------------- JOBIN VARGHESE, AGED 31 YEARS, S/O.VARGHESE, RESIDING AT PALLIPURATH HOUSE, RESIDING AT KATTAPPANA P.O., IDUKKI DISTRICT. BY ADV. SRI.A.T.ANILKUMAR RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE POLICE INSPECTOR, THODUPUZHA POLICE STATION, IN CRIME NO.667/2007. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.4438 of 2008 ------------------------------------------------- Dated this the 30th day of September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 471, 465, 468 and 420 of IPC. According to prosecution, petitioner, who is the second accused, forged registration certificate and other documents relating to a vehicle and also chassis number and engine number of the vehicle and sold the vehicle to A1. The complaint was lodged by RTO, since the commission of offence was revealed through the computer details. 3. Learned counsel for the petitioner submitted that the first accused was granted anticipatory bail by this Court, as per order dated 17.9.2007 in B.A.No.5440/07. Hence, the petitioner may also be granted anticipatory bail. 4. This petition is strongly opposed. Learned public prosecutor submitted that the petitioner is also involved in other crimes of similar nature. He has been in the habbit of forging documents, chassis number, engine number etc. relating to vehicles and effect sale of the vehicles fraudulently. Therefore, he stands on different footing and not like the first accused to BA No.4438/08 2 whom, he sold a vehicle, after forging the documents etc. The first accused is more or less in the position of a victim and hence, anticipatory bail was granted. But, that may not be made a ground to grant anticipatory bail to the petitioner, it is submitted. 5. On hearing both sides, I am satisfied that on the nature of allegations made against the petitioner and the nature of investigation required, this is not a fit case to grant anticipatory bail to the petitioner. I also find that the complaint was filed as early as on 23.8.2007 and even after lapse of one year, petitioner was not available for interrogation by the police. The investigation into the crime is in a standstill. Hence, it is necessary that a direction is issued to the petitioner. Petitioner is directed to surrender before the Magistrate Court concerned or the Investigating Officer and co-operate with the investigation, within seven days from today. With this direction, this petition is dismissed. K.HEMA, JUDGE csl