IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 Bail Appl..No. 6382 of 2008() ----------------------------- CRMP.3571/2008 of D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.200/08 OF VELLATHOOVAL POLICE STATION PETITIONERS ------------------------------- 1. M.S.BALAKRISHNAN @ M.S.BALAN S/O. SANKARAN AGED 71, MECHERIYIL HOUSE, MUKKUDAM KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK. 2. C.K.PRASAD S/O.KRISHNANKUTTY, AGED 44, CHENGAKAL HOUSE, PANICKANKUDY KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK. 3. SIBY MATHEW S/O.MATHEW, AGED 34 VAZHAPPILLI HOUSE, MANKUVA KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK. 4. BIJU SCARIA S/O.SCARUAM AGED 35, VALLOMPURAYIDA THIL HOUSE, PARATHODU KARA, KONNATHADY VILLAGE, UDUMBANCHOLA TALUK 5. O.J.JOSEPH S/O. JOSEPH AGED 54, ORIKALAYIL HOUSE, KAMBILIKANDOM KARA KONNATHADY VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.RAINGE KODUVATH SRI.JOY C. PAUL RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, VELLATHOOVAL. BY PUBLIC PROSECUTOR. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6382 of 2008 ----------------------------------------- Dated this the 22nd October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 451, 341, 353 read with 149 of Indian Penal Code and under Section 3 (1) of the Prevention of Damage to Public Property Act. According to prosecution, the de facto complainant and the Vice-President of the Konnathadi Grama Panchayat had a quarrel, when the Vice- President insisted to pass a bill in connection with the maintenance work of a Panchayat road. The de facto complainant, who is the Secretary, stated that it cannot be done without permission of the the District Managing Committee. There was a quarrel. Thereafter, accused 1 to 5 trespassed into the office of the Secretary and assaulted him, wrongfully restrained him and also caused damage to the almarah and table and prevented him from discharging from his official duty. On a complaint filed by him, a crime was registered under the various sections stated above. 3. Learned counsel for petitioners submitted that the allegations made are false. The only non-bailable offence involved in this case is under the PDPP Act and this Section is included only to harass the petitioners and see that they are detained in prison BA.6382/08 2 unnecessarily. The complaint is only a counter blast to another crime registered against the Secretary in connection with an incident which occurred two hours prior to the incident, alleged in this case. The Vice-President of the Panchayat, who is aged 71 years, had met the Secretary and requested him to pass a bill to the Convenor, since there were several allegations against the Secretary that he was not issuing the bills at the request of various persons. Regarding this, there was some altercation between the two and the Vice-President (first accused) was pushed down by the de facto complainant and he fell unconscious. He was removed to the hospital and on the basis of the first information given by him, a crime No.201/2008 was registered against the de facto complainant herein under Sections 323, 324 IPC etc. On seeing that the old man had fallen down, unconscious, several persons gathered there and there was a commotion and some incident had also occurred. Petitioners 2 to 5 also rushed to the scene knowing that the first accused had been attacked by the Secretary, but the de facto complainant lodged a false complaint and got it registered by the police. 4. It is also pointed out that the minutes of the Grama Saba will show that several complaints were registered against the Secretary regarding non issue of bills appropriately. It is also BA.6382/08 3 submitted that the police officer, on reaching the spot, on seeing the almarah and the table which were allegedly taken by the petitioners had some doubt and he wanted the Assistant Engineer, LSGD Section, Adimali to make an inspection of the same and make a report. The request is Annexure-I and the report is Annexure-I(2). As per the report, it is specifically mentioned that the damage to the almarah caused long back and the alleged damage in the table is not caused recently, but the size of the table is such that to get the table inside the room through the door, it may require removal of the top and In the above circumstances, the offence under Sectoin 3(1) of the PDPP Act is unnecessarily incorporated and if the petitioners are send to jail on such allegations, it will cause irreparable injury and harm to the petitioners. 5. Learned Public Prosecutor opposed this bail application and supported the allegations made in the complaint. 6. On hearing both sides, on considering these documents and the submissions made by learned counsel for petitioner, particularly, the circumstances under which the present crime was registered and the Annexure-I(2) report etc., I am satisfied that anticipatory bail has to be granted to the petitioners. Hence, the following order is passed: BA.6382/08 4 Petitioners shall surrender before the Magistrate Court concerned within ten days from today and they shall be released on bail on their execution bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioners shall make themselves available for interrogation as and when directed. ii) Petitioners shall co-operate with the investigation. iii) Petitioners shall not commit any offence while on bail. iv) Petitioners shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K.HEMA, JUDGE vgs.