IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 782 of 2008() ---------------------------- CRIME NO. 346/07 OF PERINTHALMANNA POLICE STATION PETITIONER/A5 ---------------------------- BIJUMON JAMES, S/O. M.B. JAMES, AGED 30 YEARS, MUTTATHU HOUSE, CHERAYA P.O., KONGAD, PALAKKAD. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: COMPLAINANT: ------------------------- 1. STATE OF KERALA, REP. BY CIRCLE INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REP. BY S.H.O., PERINTHALMANNA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. CIRCLE INSPECTOR OF POLICE, MANARKKAD POLICE STATION, PALAKKAD DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, ALONG WITH BA NO. 785 OF 2008 BA NO. 803 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 782, 785 & 803 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 O R D E R Petitioners in these three petitions are the persons, who have been arrayed as accused in Crime No.346 of 2007 (BA 7820f 2008), Crime No. 446 of 2007 (BA 785 of 2008) and Crime 945 of 2007 (BA 803 of 2008) of Perinthalmanna police station. 2. In the two former applications the respective petitioner is arrayed as accused 5, whereas in the latter the petitioner is arrayed as accused No.6. Identical allegations under Section 411 I.P.C. are raised against the three petitioners herein. 3. The crux of the allegations against the petitioners is that some other accused had committed theft of rubber sheets from the premises of the defacto complainant in each of those crimes and had sold the same to these petitioners for consideration. In having received the stolen articles the petitioners have committed the offence punishable under Section 411 I.P.C., it is alleged. B.A.Nos. 782, 785 & 803 of 2008 2 4. The learned counsel for the petitioners submits that the petitioners are innocent. They had purchased the rubber sheets bonafide with no inkling that such rubber sheets were stolen rubber sheets. As the petitioners did not oblige the demand of the police officials to furnish equivalent quantity of rubber sheets to them, false and vexatious allegations are now being raised against the petitioners. They are willing to co-operate with the investigation. They may be granted anticipatory bail, it is prayed. 5. To a pointed query by this Court, the learned Prosecutor submits that except that the stolen rubber sheets were sold by the principal accused to the petitioners in these cases, there is no other material to indicate the complicity of the petitioners. Though it is alleged that the rubber sheets were purchased at lower rates than the market rate, there is nothing to come to the conclusion that the petitioners had purchased the rubber sheets at such a low price as to indicate their knowledge that the rubber sheets sold to them were stolen articles. In any view of the matter, I am satisfied that anticipatory bail can be granted to the petitioners. The learned B.A.Nos. 782, 785 & 803 of 2008 3 Prosecutor also does not oppose the applications. He submits that the petitioner in BA 785 of 2008 is wanted for arrest in Crime No.446 of 2007 and the petitioner in BA 782 of 2008 is wanted to be arrested in Crime No.346 of 2007. Incorrect crime numbers are shown mistakenly in the bail applications. 6. In the result: (1) These applications are allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 19.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 20.2.08 and 21.2.2008. During this period, the investigators B.A.Nos. 782, 785 & 803 of 2008 4 shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer between as and when directed by the Investigating Officer in writing to do so. (c) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 19.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (d) If the petitioners were arrested prior to their surrender on 19.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 19.2.2008. (R. BASANT) Judge tm