IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 599 of 2008() ---------------------------- CRIME NO.305/2007 OF VARANTHAPPILLY POLICE STATION : PETITIONERS/ACCUSED NOS 1 TO 3 ----------------------------------------------- 1. SUBRAN, S/O.KANDARAN, AGED 33 YEARS, VADASSERY HOUSE, NADIPPARA, MUKUNDAPURAM TALUK, MATTATHOOR VILLAGE, THRISSUR DISTRICT. 2. SALEESH, S/O.KARAPPAN, AGED 29 YEARS, ERUMAKKADAN HOUSE, UPPUZHI, MATTATHOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. 3. SAREESH, S/O.SUBRAN, AGED 23 YEARS, PUTHANVELI HOUSE, UPPUZHI, MATTATHOOR VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.599 of 2008 ---------------------------------------- Dated this the 1st day of February 2008 O R D E R Application for anticipatory bail. Petitioners are accused 1 to 3. The alleged incident took place on the night of 09/12/2007. Crime has been registered on 24/12/2007 for offences punishable under Sections 457 and 380 I.P.C. The de facto complainant, in the night, had heard the cries of his goats. He woke up and found the accused persons moving away in an autorickshaw from his premises. The de facto complainant, on the next day, had gone to the house of his relative. When he returned, he found about 21½ Kgms of rubber sheets in his smoke house were missing. It is therefore that he had filed a complaint before the police on 24/12/2007. The police, it is submitted, have now identified and seized the autorickshaw in which the miscreants had travelled. They also traced the dealer to whom the accused have sold the rubber sheets. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioner submits that the petitioners are absolutely innocent. No prudent person can swallow the version of the de facto complainant. The police B.A.No.599/08 2 appear to have obligingly swallowed such version. Obvious purpose of the complainant is to harass the petitioner. At any rate, there is no necessity to arrest and keep the petitioners in custody. The place where the rubber sheets have been sold has already been identified by the investigating officers. In these circumstances, subject to any appropriate conditions, the petitioners may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. He submits that subject to appropriate conditions, anticipatory bail can be granted to the petitioners. 4. I am satisfied that anticipatory bail can be granted to the petitioners, subject to appropriate conditions. 5. 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 08/02/2008. They shall be released 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.A.No.599/08 3 ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 11/02/2008 and 12/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently 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 08/02/2008, 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 08/02/2008. (R.BASANT, JUDGE) jsr B.A.No.599/08 4 B.A.No.599/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007