IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3716 of 2009() --------------------------------------- CRIME NO.525/2009 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETTIIONERS/ACCUSED 1 & 2: --------------------------------------------- 1. P.J.JAMES, S/O.JOSEPH, AGED 67 YEARS, ELLUPARA HOUSE, P.O.KAKKAD, PUTHUPPADY AMSOM, DESOM, KOZHIKODE TALUK. 2. SUBI JAMES, D/O.JAMES, AGED 29 YEARS, ELLUPARA HOUSE, P.O.KAKKAD, PUTHUPPADY AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS/COMPLAINANT: ------------------------------------------------ 1. THE STATION HOUSE OFFICER, CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT. 2. STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3716 of 2009 ------------------------------------ Dated this the 6th day of 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.525/2009 of Chengannur Police Station. 2. The offence alleged against the petitioners is under Section 379 of the Indian Penal Code. It is submitted by the learned Public Prosecutor that Section 379 is not actually made out and that an application will be filed to alter the section as Section 420 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Judicial Magistrate of the First Class, Chengannur, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. It is submitted that the first accused was arrested on 3/07/2009. Accordingly, the Bail Application in respect of the first accused has become infructuous. The defacto complainant is the husband of the second accused. The allegation of the complainant is that some of the articles, money and ornaments B.A. No.3716 /2009 Page numbers were taken away by the accused persons. 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 2nd petitioner. There will be a direction that in the event of the arrest of the 2nd petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The 2nd petitioner shall appear before the investigating officer for interrogation as and when required; B) The 2nd petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The 2nd petitioner 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 scm