VIPIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for anticipatory bail. Petitioners are accused 4 and 10. They face allegations now under S.395 and S.120B IPC. Altogether there are 11 accused persons arrayed in the crime so far. The case has had a chequered history by now.

(2.) The Sub Inspector of police, Chalakkudy, on receipt of some discreet information which he had, intercepted a motor cycle in which accused 1 to 3 were travelling on 23/03/2007. Those accused persons were arrested. They allegedly carried with them a huge amount of currency notes. They were unable to account for the possession of those currency notes. Interrogation of the first accused revealed that the currency which they had with them was part of the booty in a crime committed earlier within the jurisdiction of Kondotty Police on 13/02/2007. The Circle Inspector of Police, Chalakkudy took over the investigation in Crime No. 169 of 2007. He went to the spot of occurrence within the jurisdiction of Kondotty police station and verified the acceptability of the confession statement of the first accused. He confirmed that an incident had taken place on 13/02/2007. Accordingly crime was transferred from Chalakkudy police station to Kondotty police station. The crime was reregistered as Crime No. 259/07 of Kondotty Police Station on 12/04/2007.

(3.) Now coming to the specific facts of this case. The 11th accused is alleged to be an informer to the authorities in Hawala transactions. It would appear that he was initially an informer to the Department. He later appears to have realised that it is more lucrative to give information to underground groups, who could attack and plunder the carriers of Hawala money. He allegedly informed the other accused. A conspiracy was allegedly hatched and all the accused were parties to the said conspiracy. Accused 1 to 7 allegedly waited for information from 11th accused to attack those carriers of such currency. Accused No. 11 allegedly furnished information and at a spot on the Airport road connecting NH 17 and NH 213, within the jurisdiction of Kondotty Police Station, the unsuspecting passengers of the Maruti car allegedly hawala money carriers who were carrying a large amount of Rs. 40 Lakhs with them, were attacked by the conspirators, who travelled in a Qualis car. They waylaid the passengers in the Maruti car and took away the entire money which was kept in the Maruti car in a cardboard box The passengers in the Maruti car were attacked. Their car was damaged. Chilly powder was thrown at their face. The local people assembled. The miscreants drove away with the booty. The passengers of the Maruti car stated to the local people that others need not interfere and that they have been working for their Boss for a long time and that their Boss will do the needful. The Maruti car which was waylaid remained at the scene of the crime for a period of more than three hours. Thereafter the car was also removed.