IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 Bail Appl..No. 370 of 2008() ---------------------------- CMP.16913/2007 of J.M.F.C.-I,THRISSUR CRIME 687/07 OF CHERPU POLICE STATION .................... PETITIONERS/ACCUSED 2 TO 9 ------------------------------------------- 1. SATHYAVRITHAN, S/O. KUTTAPPAN, CHELIPARAMBIL HOUSE, PALLISSERY DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK. 2. NANDAKUMAR, S/O. KUNDUVARA GOURI AMMA, PALLISSERY DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK. 3. RAMANATHAN, S/O. PATTATH VELAYUDHAN, PALLISSERY DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK. 4. SALISH, S/O. MADAPATTU KUTTAPPAN, PALLISSERY DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK. 5. SATHEESAN, S/O. VELIYATH GOPINATHAN, VALLACHIRA VILLAGE, DESOM, THRISSUR TALUK. 6. SUBRAMANIAN, S/O. THYKATTU VELAYUDHAN, OORAKAM VILLAGE DESOM, THRISSUR TALUK. 7. PRAKASAN, S/O. THYKATTU VELAYUDHAN, OORAKAM VILLAGE, DESOM, THRISSUR TALUK. 8. SANKARAN, KOMARATH HOUSE, PALLISSERY DESOM, ARATTUPUZHA VILLAGE, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: STATE OF KERALA/COMPLAINANT ---------------------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 370 OF 2008 A ```````````````````````````````````````````````````` Dated this the 21st day of January, 2008 O R D E R Application for anticipatory bail. Petitioners are accused Nos.2 to 9. They face allegations in a crime registered for offences punishable, inter alia, under Section 420 IPC. The crux of the allegations is that they, as office bearers of a temple committee, received donations with an incentive that there shall be a draw of lots and award of prizes to the successful donor. One member of the committee, who was at lower heights of the office bearers, had filed a private complaint which, in turn, was referred to the police under Section 156(3) Cr.P.C. Accordingly, the crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer BA.370/08 : 2 : and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions, which shall ensure the interests of a fair, efficient and expeditious investigation. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. (i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 28.1.08. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) 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 3 p.m on 29.1.08 and 30.1.08. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the BA.370/08 : 3 : proper conduct of the investigation in this crime. Thereafter, the petitioners shall so appear 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 arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 28.1.08, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 28.1.08. (R.BASANT, JUDGE) aks