ALEX C. JOSEPH Vs. STATE

JUDGEMENT

(1.) (Prayer: This petition is filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, pending investigation in Crime No.RC.12(A)/2013 on the file of the respondent police. Petition for bail.

(2.) OFFENCES alleged are under Sections 120 -B, 420, 467, 468 r/w Section 471 of IPC and under Section 13(1)(d) of P.C. Act, 1988.

(3.) ACCORDING to the learned Senior Counsel appearing for the petitioner, allegation of improper importing of luxury cars was made as early as in 2008. However, with regard to that, nearly after 5 years, the present case has been registered. Actually, even as per prosecution version, 30 luxury cars are involved. However, in the FIR, 33 cars have been mentioned. It shows the haste in which the case has been registered with incorrect information. Further, for furnishing of incorrect information by A1 in his report, petitioner is being proceeded with, that too belatedly. The said report is available with the prosecution. Further, the case is also based on RTO records. They are all official records. They cannot be tampered with by the petitioner. Major part of investigation is also over. Petitioner is in jail since 3.2.2014. His detention under COFEPOSA was also set aside by the Kerala High Court. Petitioner was under the surveillance of CBI for a long time. Between 2008 and till date, he did not come under any adverse notice nor commit any offence. His custodial interrogation is also over. In the circumstances, the learned Senior Counsel would submit that the petitioner may be granted bail.