IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 8217 of 2011() ----------------------------- CRIME NO.879/2011 OF MUVATTUPUZHA POLICE STATION .................... PETITIONER/ACCUSED : ------------------------- SHAMSUDHEEN M.M., S/O SAITHU MAKKAR, AGED 40, MANGALATHU HOUSE, MULAVOOR P.O, MUVATTUPUZHA PIN-686 673. BY ADV. SRI.SAKIR.K.H. RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8217 of 2011 --------------------------- Dated this the 14th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.879 of 2011 of Muvattupuzha Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that the petitioner committed theft of iron gate, rope, bucket etc. from the residential compound of the de facto complainant. 4. The learned counsel for the petitioner submitted that several disputes are pending between the parties. The father of the petitioner secured an order under Section 133 of the Code of Criminal Procedure against the de facto complainant. BA 8217/11 2 As per Annexure A3 order, The Sub Divisional Magistrate, Muvattupuzha, directed the de facto complainant to cut and remove three rubber trees from the property belonging to the de facto complainant. Since the de facto complainant did not comply with those conditions, appropriate proceedings have been initiated to take action against the de facto complainant. 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 petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; BA 8217/11 3 B) The petitioner shall appear before the investigating officer for interrogation as and when required ; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) 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 csl