IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 8090 of 2007() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.4587/2007 .................... PETITIONERS/ACCUSED 1 TO 3: -------------------------------------------- 1. SANTHOSH KUMAR, S/O. BHASKARAN, VELIYIL HOUSE, KOMANA MURI, AMBALAPUZHA TALUK. 2. VENU, S/O. CHINNAPPAN, PUTHUVAL HOUSE, KOMANA MURI, AMBALAPUZHA TALUK. 3. SASIDHARAN, S/O. PADMANABHAN, VELIYIL HOUSE, KOMANA MURI, AMBALAPUZHA TALUK. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, AMBALAPUZHA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 8090 OF 2007 ------------------------------------------------- Dated this the 3rd day of January, 2008 ORDER Application for anticipatory bail. The petitioners were the President, Secretary and Treasurer respectively of the Araya Vamsodharana Karayogam. That Karayogam had constituted a Trust by name `Pandit Karuppan Memorial Trust'. The petitioners were the office bearers of both the Karayogam as well as the Trust. Their tenure as office bearers of the Karayogam has come to an end. A subsequent set of office bearers has been elected. A complaint has been filed by the present Secretary of the said Karayogam wherein it is alleged that there has been misappropriation of funds of the said Trust. The complaint was filed before the learned Magistrate and the learned Magistrate was pleased to refer the same under Sec.156(3) of the Cr.P.C. to the police. B.A. No. 8090 OF 2007 -: 2 :- Accordingly, a crime has been registered. Investigation is pending. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent and the present office bearers of the Karayogam entertain animus against the petitioners. Solely on the basis of such animosity and ill-will, totally false allegations have been raised against the petitioners. The petitioners continue to be the office bearers of the Trust and the Trust has maintained proper accounts regarding its funds and accounts. There is nothing to come to a conclusion that the petitioners have misappropriated any funds of the Trust. An audit has been conducted and the Auditor has already submitted the accounts. The petitioners rely on Annexure-A1 which is the statement of assets and liabilities/income and expenditure of the Trust. The learned counsel for the petitioners submits that the petitioners are willing to co-operate with the Investigator. They shall abide by any conditions that are imposed. They may be saved of the undeserved trauma of unnecessary arrest and incarceration. B.A. No. 8090 OF 2007 -: 3 :- 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is at an early stage. At this early stage, the petitioners do not deserve to be armed with an order of anticipatory bail, it is submitted. 4. I have considered all the relevant inputs. The Case Diary has been placed before me by the learned Public Prosecutor. I have perused the same. Except the wide, sweeping and general allegations, no specific allegations are seen raised. There is nothing to show that the Auditor has reported that the petitioners are guilty of any misappropriation of funds. I am, in these circumstances, satisfied that the petitioners can be granted anticipatory bail subject, of course, to conditions which shall ensure the interests of a fair, efficient and expeditious investigation. At this early stage of the investigation I shall not embark on any detailed discussions on the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am persuaded to agree that the petitioners are entitled for issue of directions under Sec.438 of B.A. No. 8090 OF 2007 -: 4 :- the Cr.P.C. in their favour. 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 10/1/08. They shall be released on regular bail on their executing bonds for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 11/1/08 and 12/1/08 and thereafter on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to B.A. No. 8090 OF 2007 -: 5 :- arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 10/1/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.25,000/- each without any sureties undertaking to appear before the learned Magistrate on 10/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge