~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.3 and 4 in Crime No.1970/2014 of Thiruvalla Police Station registered for the offences punishable under Sections 406, 468, 471 and 381 read with Section 34 IPC.
3. The de facto complainant is the clearing and forwarding agent of a cement godown of the India Cements Limited. The allegation against the petitioners and the other accused is that during the period from January 2012 to 31.03.2014, while A1 and A2 were in charge of the cement godown at Kattod, they hatched a criminal conspiracy with the present petitioners, who are the dealers, and committed forgery in the day book as well as delivery notes of the godown and by making use of such forged documents as genuine, misappropriated 90 loads of cement (18,000 BA.8026/2014 : 2 :
sacks) worth ₹70 lakhs.
4. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
5. According to the de facto complainant, the said loads of cement were transported from the godown by two lorries bearing registration Nos.KL-30A-9115 and KL-3W- 1715. The investigation of this case is only in its infancy. The said vehicles have to be recovered. According to the investigating officer, the delivery notes and the day book have to be seized. The allegations against the petitioners are very grave and serious. Considering the facts and circumstances of this case and the present stage of the investigation, I am of the view that this is not a fit case wherein anticipatory bail can be granted to the petitioners.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/21/11