IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 Bail Appl..No. 5988 of 2010() ----------------------------- (CRIME NO.538 OF 1986 OF CHANGANACHERRY POLICE STATION) PETITIONERS/ACCUSED NOS.1 TO 4 ------------------------------------------------- 1. SAIDU MUHAMMED, S/O.MUHAMMED KUNJU, CHOORAKKAD HOUSE, FATHIMAPURAM,CHANGANACHERRY. 2. SHERIFFA BEEVI,W/O.SAIDU MUHAMMED, CHOORAKKAD HOUSE, FATHIMAPURAM,CHANGANACHERRY. 3. SAJI MUHAMMED, S/O.SAIDU MUHAMMED CHOORAKKAD HOUSE, FATHIMAPURAM, CHANGANACHERRY. 4. SALIL MUHAMMED, S/O.SAIDU MUHAMMED, CHOORAKKAD HOUSE, FATHIMAPURAM, CHANGANACHERRY. BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.A.ABDUL HAKHIM RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE CIRCLE INSPECTOR OF POLICE,CHANGANACHERRY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------------- Bail Application No.5988 of 2010 ------------------------------------------------ Dated this the 21st day of October, 2010 ORDER Petitioners seek anticipatory bail on the allegation that the Changanassery Police are at their heels in connection with Crime No.538 of 1986. 2. This Court called for a report from the Judicial Magistrate of the First Class-I, Changanassery. The Magistrate has forwarded a letter dated 7/10/2010 stating inter alia as follows:- “Crime No.538 of 1986 was registered by the Changanassery Police on the basis of a complaint by 73 persons against the petitioners. After conducting investigation in the above crime the Changanassery Police filed 18 final reports stating the case as Crime No.538/86, 538(A)/86 to 538 (Q)/86 in all the 18 cases. The above 18 cases were taken on file as C.C.Nos.552/1993 to 569/1993 and consequent Bail Appln.No.5988/2010 : 2 : on the abscodance of all or some of the accused persons those cases were refiled as L.P.No.86/2008 and connected cases. Subsequently 17 out of the 18 L.P. cases were disposed of acquitting the accused persons under Section 320(8) Code of Criminal Procedure on the de facto complainant compounding the offences with the accused persons and C.C.No.84 of 2008 is the only case now pending before the Magistrate and the said case stands posted for framing charge to 9/11/2010”. 3. The learned counsel for the petitioners submitted that the petitioners have already been granted bail in C.C.No.84 of 2008. If so, the petitioners cannot have any apprehension of arrest and harassment by the police with regard to Crime No.538 of 1986. 4. The learned Public Prosecutor also submitted that Crime No.538 of 1986 of Changanassery Police Station is no more pending. Bail Appln.No.5988/2010 : 3 : This bail application is accordingly disposed of recording the submission made by the learned Public Prosecutor. The petitioners cannot have any apprehension of arrest in Crime No.538 of 1986 of Changanassery Police Station since there were only 18 charge sheets therefrom and 17 out of the 18 cases registered therefrom have been disposed of and the petitioners have been granted bail in the solitary case now pending before the Magistrate. V.RAMKUMAR, JUDGE skj