IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Bail Appl..No. 5326 of 2008() ----------------------------- CRIME NO.217/08 OF THE KADUTURUTHY POLICE STATION PETITIONER : ACCUSED ------------------------ 1. K.C. JOHNY, S/O. CHACKO, AGED 53, KUNNUMMAL HOUSE, THIRUMARADY.P.O, KOOTHATTUKULAM VIA, ERNAKULAM DISTRICT. 2. ARUN MATHEW, S/O. MATHEW, KUNNUMMEL HOUSE, THIRUMARADY.P.O, KOOTHATTUKULAM VIA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: STATE AND COMPLAINANTS ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE SUB INSPECTOR OF POLICE, KADUTHURUTHU POLICE STATION, KADUTHURUTHY.P.O, KOTTAYAM DISTRICT. 3. THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, KOTTAYAM. BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 5326 of 2008 ----------------------------------------------- Dated this the 26th day of August, 2008. ORDER Petition for anticipatory bail. 2. A crime was registered on the basis of a complaint made by BSNL authorities against the petitioner under Section 3 (2)(e) of the PDPP Act. According to prosecution, some damage was caused to the telephone cable by the petitioner while he was engaged in road work as a contractor. 3. Learned counsel for the petitioner submitted that the first petitioner is an “A” Class contractor and the 2nd petitioner is his worker. The first petitioner was awarded a contract work for widening the road. He was permitted to dig the road to a depth of 18 cms. for the purpose of paving boulders in order to strengthen the surface of the road for providing bitumen work. But it appears that the cable was within a depth of 10 cm and some damage was caused. The petitioners did not commit any offence as alleged. If the telephone cables have been laid within a minimum depth of 1 metre from the surface of the [B.A.No.5326/08] 2 road as permitted to be laid this would not have occurred, it is submitted. 4. Learned Public Prosecutor that the petitioners may be directed to surrender before the investigating officer for interrogation and subject to this he has no objection in granting anticipatory bail. Hence the following order is passed: Petitioners shall surrender before the investigating officer within 7 days from today and make themselves available for interrogation and, in the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that they will co-operate with the investigation and report before the investigating officer as and when directed. Petition is allowed. K. HEMA, JUDGE. Krs. [B.A.No.5326/08] 3