IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1638 of 2008() ----------------------------- CRMP.170/2008 of SPL. COURT (NDPS ACT CASES), THODUPUZHA CRIME NO.9/08 OF KANJAR POLICE STATION .................... : PETITIONER/ACCUSED --------------------------- 1. K.T.CHANDRABOSE,AGED 45 YEARS, S/O.SREEDHARAN, KARUTHAKUNNEL HOUSE, KAPPU KARA MADAKKATHANAM P.O., VAZHAKKULAM. 2. DEEPU, AGED 34 YEARS,S/O.THANKAPPAN PUTHENPURAYIL HOUSE, A.K.G.COLONY,MOOLAMATTOM. BY ADV. SMT.C.S.SHEEJA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE STATION HOUSE OFFICER, KANJAR POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1638 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for anticipatory bail. Petitioners are teacher and peon of a Government Vocational Higher Secondary School. Crime has been registered alleging the offence punishable, inter alia, under Section 381 I.P.C. The crux of the allegations is that certain official records maintained in the school office have been stealthily taken away dishonestly and fraudulently by some persons. The complainant is the Principal of the school. According to the Principal, very important registers have obviously been taken away by someone with an intent to vex and harass the Principal. The Principal is about to retire from the school. The Principal suspected the petitioners as the persons who may probably had removed the registers from the school office. The Principal had in the F.I statement itself given reasons as to why he suspects the petitioners. The petitioners have been shown as suspected accused. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The petitioners are not B.A.No.1638 of 2008 2 the ones who have possession of the premises in question. It is idle to suspect the petitioners for the alleged fraudulent removal of the registers from the school office. The petitioners have already been questioned by the Investigating Officers. Their houses have been searched. It is not at all necessary, in these circumstances, to arrest the petitioners. The embarrassment that will be caused to a teacher and a peon of the school if they were arrested and incarcerated on such allegations may be borne in mind. The petitioners shall co-operate with the investigators. They may not be subjected to the trauma of arrest and detention, submits the learned counsel for the petitioners. 3. The case diary has been placed before me. I have gone through the same. The learned Public Prosecutor, after discussions at the Bar, does not oppose the application for anticipatory bail. He only submits that the petitioners have got to be interrogated further. Opportunity may be given to the investigators to interrogate the petitioners further. At the moment except the suspicion entertained by the Principal, there is no tangible material collected against the petitioners. The petitioners shall and need be arrested only if better materials are collected against them. In these circumstances it is prayed that B.A.No.1638 of 2008 3 subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. After considering all the relevant inputs, I find merit in the submissions of the learned counsel for the petitioners. Zealously safeguarding the interests of a proper,efficient and expeditious investigation, I am satisfied that anticipatory bail can be granted to the petitioners. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 31.03.2008. They shall be enlarged on regular bail on their executing a bond 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; ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 01.04.08, 02.04.08 and 03.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper B.A.No.1638 of 2008 4 conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 31.03.2008 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 31.03.08. (R.BASANT, JUDGE) rtr/-