IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3977 of 2009 CRIME NO.471 OF 2009 OF VATAKARA POLICE STATION PETITIONER/IST AND 2ND ACCUSED -------------------------------------------------- 1. V.P.SASEENDRAN, AGED 50 YEARS S/O.KANARAN, THEKKE VALIYAPARAMBATHU VEEDU MAYYANNOOR PO, VATAKARA,KOZHIKODE DISTRICT. 2. RAMACHANDRAN S/O.KRISHNAN ADIYODI, KRISHNAPRIYA MAYYANNOOR PO, VATAKARA,KOZHIKODE DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT: COMPLAINANT: --------------- THE STATE OF KERALA, REP BY THE SUB INSPECTOR OF POLICE VATAKARA POLICE STATION, KOZHIKODE DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3977 OF 2009 ------------------------------------------------------ Dated this the 22nd July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.471 of 2009 of Vadakara Police Station. 2. The offences alleged against the petitioners are under Sections 447, 427, 506(I) and 379 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Judicial Magistrate of the First Class, Vadakara, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The gist of the allegations in the complaint are the following: The accused persons plucked coconuts from the property belonging to a trust, of which, the de facto complainant is the office bearer. The coconuts were found kept secretly in the office of the devaswom. The petitioners contended that they were the former office bearers of the renovation committee of the temple and that the case was foisted against them. B.A. NO. 3977 OF 2009 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall appear before the investigating officer for interrogation as and when required; b) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/