KAJAMOIDEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a petition filed under Section 438 of the Code of Criminal Procedure, hereinafter referred to as the Code, for a direction to the respondent that in the event of arrest the petitioner may be released on bail.

(2.) The petitioner says that he is accused of an offence under Section 372 Indian Penal Code in Crime Nos. 214 of 1984 of the Calicut Police Station and 662 of 1984 of the Trichur Police Station. It is also stated that the respondent is trying to arrest him in connection with the above said crimes and he moved this Court under Section 438 of the Code because it may not be physically possible for him to move both the courts simultaneously. He claims to have filed a similar application before the High Court of Judicature at Madras when the Tamil Nadu Police made enquiries about him and it is said that the High Court of Judicature, Madras gave a direction to the Tamil Nadu Police under Section 438 of the Code to release him in the event of arrest.

(3.) The petition was very strangely opposed by the Public Prosecutor who said that the petitioner is a member of a gang which is habitually engaged in the commission of such crimes. He said that along with another person the petitioner hired a taxi car bearing Reg. No. KRC 2034 from Tellicherry and on the way committed theft of the car after making the driver unconscious. So also, on 14.3.84 the petitioner and another person hired another taxi car for a trip from Trichur to Ernakulam and on the way at Angamaly purchased some medicine with the application of which the driver was made unconscious and theft the car bearing Reg. No. IMF 3267 as well as a watch and currencies were committed. Another member of the gang was arrested from Tamil Nadu and on the basis pf the information received from him the involvement of the petitioner became evident. It is said that some other cases are also pending against him. The Public Prosecutor further stated that investigation is not over and a direction under Section 438 of the Code will definitely stand in the way of the smooth progress of the investigation involving such a habitual offender.