IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 Bail Appl..No. 3975 of 2008() ----------------------------- CRIME NO.335/2008 OF NORTH POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED NO. 1 TO 6 ----------------------------------------------- 1. PRAMEELA KUKHARJI, WORKING AS POST MISTRESS, THATHAMPILLY POST OFFICE, W/O.W.P. JOHN AGED 48 YEARS RESIDING AT VELLAPPALLIL HOUSE, CANAL WARD, ALAPPUZHA. 2. JOSE.A.J, WORKING AS SUPERINTNEDENT OF POST OFFICES, ALAPPUZHA DIVISION, AGED 56, RESIDING AT ANCHIL ROSE DALE, ASRAMAM WARD, AVALOOKUNNU.P.O. 3. V. PUSHKALADEVI, WORKING AS ASSISTANT SUPERINTENDENT OF POST OFFICES, ALAPPUZHA DIVIISION, AGED 48, RESIDING AT USHAS, KARUVATTA.P.O. 4. K. NARASIMHA NAICKEN, WORKING AS INSEPCTOR (PUBLIC GRIEVANCES), ALAPPUZHA DIVISION, AGED 48, RESIDING AT CHITHRANJALI, EZHUPUNNA.P.O. 5. V. JOPSEH STANLEY, WORKING AS OFFICE ASSISTANT, O/O SUPERINTENDENT OF POSTS, ALAPPUZHA DIVISION, AGED 57, RESIDING AT VAZHAKKOOTHATHIL (H), VATTAYAL WARD, THIRUVAMPADY.P.O. 6. K.J. MERECY AMMA, WORKING AS POSTMISTRESS, ALAPPUZHA BAZAR POST OFFICE, AGED 58, RESIDING AT EBNEZER, PONGAL.P.O, KUTTANAD. BY ADV. SRI.N.NAGARESH RESPONDENT: RESPONDENT ----------------------- C.I. OF POLICE, NORTH POLICE STATION, ALAPPUZHA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI K.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 3975 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of June, 2008 O R D E R Application for anticipatory bail. 2. On a complaint filed by a Post Woman, a crime is registered against the petitioners, who are officials in the postal department. They are Post Mistress, Superintendent of Post Offices, Inspector (Public Grievances), etc. The crime is registered on the basis of a complaint made by the defacto-complainant to the Chairman of the Scheduled Castes and Scheduled Tribes Development Corporation, which was forwarded to the police. 3. Learned counsel for the petitioners submitted that there were several complaints against the defacto-complainant while she was working in the department that she was guilty of mis-appropriation of amount of money orders and non-delivery of postal articles, etc. An enquiry was conducted and she was found guilty also. There were large number of complaints from public that non-delivery of article. She was on medical leave from 10-1-2008 onwards. She had approached the Central Administrative Tribunal for orders against the action taken against her, but BA 3975/08 -2- not even any interim order was passed in her favour. Since the department took a firm stand against her, she has filed a complaint to pressurize the officers to consider her case favourably. 4. On hearing both sides and on going through the complaint, I find that no allegation is made against the petitioners that they committed the offence, not being members of Scheduled Caste and Scheduled Tribe. Only if a person not being a member of the Scheduled Castes and Scheduled Tribes commit certain acts against member of Scheduled Caste or Tribe, the offence under section 3 will be attracted. 5. In the circumstances, I find anticipatory bail can be granted to the petitioners and the following order is passed:- 1. Petitioners shall surrender before the Investigating Officer within seven days from today and make themselves available for interrogation. 2. On their surrender and arrest if any, they shall be released on bail on their executing a bond for Rs.25,000/- each with solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and report before the BA 3975/08 -3- Investigating Officer as and when directed. The application is allowed as above. K. HEMA, JUDGE. mn.