IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Bail Appl..No. 5917 of 2010() ---------------------------------------------- CRIME NO.186/2010 OF THE AGALI POLICE STATION, PALAKKAD DISTRICT PETITIONER/ACCUSED NO.3 ------------------------------------------------ SANKARANARAYANAN @ PERIYA THAMBI, S/O.GOVINDASWAMY, NEAR CANARA BANK BUILDING, ANAKATTY, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.P.A.RAJESH SRI.K.RAKESH RESPONDENT(S): STATE ---------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, AGALI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI - 31. DIRECTOR GENERAL OF PROSECUTION SRI.K.K.RAVEENDRAN PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - Bail Application No.5917 of 2010 - - - - - - - - - - - - - - - - DATE: 6.10.2010 O R D E R In this Petition filed under Sec. 439 Cr.P.C., the petitioner, who is the 3rd accused in Crime No.186/2010 of Agali Police Station for offences punishable under Secs.464,465,468,420 and 120B read with 34 I.P.C. and Section 3(i)(iv) and (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks his enlargement on bail. The petitioner was arrested on 18.09.2010. His application for bail filed before the J.F.C.M, Mannarkkad was dismissed and he was remanded to judicial custody where he continues. 2. I heard the learned counsel for the petitioner and the learned Director General of Prosecution. 3. The case of the prosecution can be summarised as follows:- A1 is one Binu S Nair alleged to be a land purchase consultant of a company by name Sarjan Realities which is an associate company of Suzlon Energy Ltd which is a company B.A. No.5917/ 2010 2 operating in 21 countries and mainly engaged in the establishment of wind turbine generators using wind energy. A2 is one K.S.Joy, a land brocker. A3 (Sankara Narayanan) is the petitioner herein who has allegedly sold 2 acres of land to Sarjan Realities referred to above. A4 is one Prem Shameer who allegedly sold 10 acres of land to Sarjan Realities. In furtherance of their common intention to create false documents by resorting to forgery and in pursuance of the criminal conspiracy hatched by A1 to A4, the accused persons created false documents in respect of the properties of Adivasi tribals at Attappadi in Kottathara and Sholayoor village of Mannarkkadu Taluk in Palakkad district and transferred 645.65 acres of land at Attappadi in favour of Sarjan Realities and in favour of yet another associate company of Suzlon Energy Ltd by name Shib Realities Ltd for the purpose of establishing wind turbine generators in the said properties. 4. The learned counsel appearing for the petitioner, inter alia, submitted as follows:- None of the parcels of land purchased by the company for establishing wind turbine generators at Attappadi (which has been found suitable for setting up wind mills), has been obtained from any Adivasi and there is no scrap of paper evidencing title B.A. No.5917/ 2010 3 over any bit of land in that area in favour of any tribal. Even if tax receipts allegedly held by some of the tribals are true that is no evidence of title so as to come to the conclusion that tribals were either divested of their title or dispossessed from their holdings in that area. The present case is nothing but a political stunt on the eve of the Panchayat elections. 5. The learned Director General of Prosecution on the other hand, inter alia, submitted as follows:- There is evidence of Adivasi people by name Ponni, Kakki, Selvi etc. who were in possession of their holdings in that area and having tax receipts evidencing their possession being cheated by the accused by offering money on the false representation that it was being paid for fixing a post for drawing electricity or for installing wind mills and if the accused persons including the petitioner are released on bail, they will influence or intimidate the prosecution witnesses and tamper with the prosecution evidence. 6. The investigation of the case is still in progress and it is too early for this Court to accept the truth or otherwise of the rival contentions. If ultimately the prosecution is able to establish that certain parcels of land held by tribals under valid B.A. No.5917/ 2010 4 title have been dishonestly transferred in favour of the company through intermediaries and in violation of the restrictions under the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999(hereinafter referred to as the “Kerala Act 12 of 1999”), that probably may amount to an offence punishable under Section 12 of the Kerala Act 12 of 1999 which is yet to be incorporated in the case. The possibility of the accused persons being found guilty after trial and condign punishment being imposed on them in the event of conviction is no reason to impose a pre-trial incarceration on them and curtail their liberties if conditions safeguarding the interest of the prosecution can be imposed while directing the release of the petitioner on bail. 7. Having regard to the complicated facts involved, it is neither feasible or desirable for this Court to enter into the merits of the case and record a finding either way which may prejudice one party or other during the further progression of the investigation as well as subsequent trial, if any. This is more so, since an enquiry by the Revenue Divisional Officer, Agali under Section 7(3) of Kerala Act 12 of 1999 is being conducted. B.A. No.5917/ 2010 5 Therefore, having regard to the duration of the judicial custody of the petitioner from 18.9.2010 onwards and the petitioner is a local resident was running a tea shop in the Attappadi area having first hand knowledge about the respective holdings of the local people there, I am of the view that the petitioner can be granted bail on stringent conditions safeguarding the interests of the prosecution as well. Accordingly, the petitioner is directed to be released on bail w.e.f 13.10.2010 on his executing a bond for Rs. 50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M, Mannarkkad and subject to the following conditions:- 1. The petitioner shall report before the Superintendent of Police, Palakkad between 9 a.m. and 11 a.m. on all Wednesdays. 2. The petitioner shall not enter the limits of Mannarkkad Taluk, including Agali and Sholayoor villages until further orders to be passed by the court concerned. 3. The petitioner shall make himself available for interrogation as and when required by the police at any time till the filing of the final report. B.A. No.5917/ 2010 6 4. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 5. The petitioner shall not, while on bail, engage himself in any further activity enabling purchase of land by any of the aforesaid companies. 6. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. sj