IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 Bail Appl..No. 5190 of 2011() ----------------------------- CRIME NO.160/2011 OF KAMBAMMETTU POLICE STATION, IDUKKI PETITIONERS/ACCUSED --------------------------------------- 1. SAJAN ABRAHAM, KOCHUPARAMBIL HOUSE, CHEMBALAM, IDUKKI-685553. 2. K.A.THOMAS, KOCHUPARAMBIL HOUSE, CHEMBALAM, IDUKKI-685553. 3. JOHNY ABRAHAM, KOCHUPARAMBIL HOUSE, CHEMBALAM, IDUKKI-685553. BY ADV. SRI.C.ANIL KUMAR SMT.A.K.PREETHA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY SUB-INSPECTOR OF POLICE, KAMBAMMETTU, POLICE STATION, IDUKKI, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5190 of 2011 --------------------------- Dated this the 5th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.160 of 2011 of Kambammettu Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 294(b) and 353 of the Indian Penal Code. 3. The prosecution case is that on 22.6.2011, the accused persons abused the Manager of the Nedumkandam Co-operative Urban Bank. The learned counsel for the petitioners submitted that even if all the allegations made in the F.I. Statement are taken as true, the ingredients of Section 353 I.P.C. are not made out. BA 5190/2011 2 4. It is submitted by the learned counsel for the petitioners that the mother of the first petitioner made a fixed deposit in the aforesaid Co-operative Bank and on maturity of the same, the amount was not repaid on the ground that the receipt was not seen. The receipt was submitted to the Bank earlier when she took loan from the fixed deposit. The mother of the first petitioner submitted Annexure 1 representation dated 26.4.2011 to the Manager of the Bank complaining about the non receipt of the fixed deposit. She also filed Annexure 2 representation dated 20.5.2011 to the Manager. It is also pointed out that the first petitioner submitted Annexure 5 petition dated 9.6.2011 to the Sub Inspector of Police, Kambammettu and the mother of the first petitioner submitted Annexure 7 complaint dated 13.6.2011 to the Joint Registrar of Co-operative Societies, complaining about the non disbursal of the fixed deposit amount on its maturity. It is submitted that even before the alleged date of the incident, several representations and complaints were made by the first petitioner and his mother against the Bank authorities. It is submitted that only due to that enmity, the present crime was BA 5190/2011 3 registered at the instance of the Manager of the Bank. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for ` 10,000/- (Rupees Ten Thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required . B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; D) Before the expiry of the period mentioned BA 5190/2011 4 above, the petitioners shall surrender before the Magistrate concerned and seek regular bail. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl