IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 742 of 2008() ---------------------------- CRIME NO.44/08 OF CHENGANNUR POLICE STATION : PETITIONERS/ACCUSED NOS. 1 TO 10 ------------------------------------------------- 1. SRI.VISWANATHAN NAIR, MULLASSERIL VEEDU, MUNDENCAVU, CHENGANNUR. 2. SRI.NANAPPAN, MANCHERIL VEEDU, MUNDENCAVU, CHENGANNUR. 3. SRI.SAJITH KUMAR, NAMPIYIL PUTHEN PURAYIL, MUNDENCAVU, CHENGANNUR. 4. SRI.SANAL KUMAR, NAMPIYIL PUTHEN PURAYIL, MUNDENCAVU, CHENGANNUR. 5. SRI.GOPAKUMAR, VADASSERI KIZHAKKETHIL, MUNDENCAVU, CHENGANNUR. 6. SRI.MURUKAN, POOVAKKATTU MOOLAYIL, MUNDENCAVU, CHENGANNUR. 7. SRI.VAIDANATHA IYER, SRAMBIKAL MADOM, MUNDENCAVU, CHENGANNUR. 8. SRI.GOPALAKRISHNAN NAIR, PANIKKETHU VEEDU, MUTHAVAZHI, CHENGANNUR. 9. SRI.GOPALAKRISHNAN NAIR, ELAVUMPADIPURAYIL, KODAYATTUKARA, CHENGANNUR. 10. SRI.VISWANATHAN, KRISHNA VILASAM, MUNDENCAVU, CHENGANNUR. BY ADV. SRI.S.HARIKRISHNAN SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHENGANNUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.742 of 2008 ------------------------------------- Dated this the 5th day of February, 2008 ORDER Application for anticipatory bail. There are 10 petitioners. The 7th petitioner is not arrayed as an accused and he need not apprehend arrest in this crime, submits the learned Public Prosecutor. 2. At the moment, there are accused 1 to 9. All the other petitioners ie. petitioners 1 to 6 and 8 to 10 are the accused arrayed in the case. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Section 156 (3) Cr.P.C. The crux of the allegations is that accused persons had broken open the Kanikka Vanchi of a temple and had taken away the amounts in the said offering box. The crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 3. The learned counsel for the petitioners submits that there is absolutely no elements of the offence of theft or the other offences alleged. The only non bailable offence is the one under B.A.No.742 of 2008 2 Section 379 r/w 34 I.P.C. There is a dispute between 2 groups about the management of a temple. Parties are before civil court also with litigations. To steal a march over their adversaries, the defacto complainant has made false allegations in a private complaint filed. The petitioners are respectable persons. They are in the management of the temple. Subject to appropriate conditions, they may be granted anticipatory bail. The allegations of theft are made against the petitioners only with the intention of vexing and harassing them and not with any bona fide motive or persuasion. 4. The learned Public Prosecutor does not oppose the application, but submits that there may be appropriate conditions/directions issued/imposed in the interests of a fair, efficient and expeditious investigation. 5. Having considered all the relevant inputs, I am persuaded to agree that direction under Section 438 Cr.P.C in favour of all the petitioners except the 7th petitioner, who is not an accused now, can be issued. 6. In the result, this bail application is allowed in part. a) The petition in so far as it relates to the 7th petitioner is dismissed accepting the undertaking of the learned Public B.A.No.742 of 2008 3 Prosecutor that the said petitioner is not required to be arrested in this crime; b) The following directions under Section 438 are issued in favour of the other petitioners. i) The petitioners shall appear before the learned Magistrate at 11 a.m on 12.02.08. They shall be enlarged on regular bail on their executing a bond for Rs.25,000/- (Rupees Twenty Five 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 4 p.m on 13.02.08 and 14.02.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper 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 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 B.A.No.742 of 2008 4 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 12.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) each without any sureties undertaking to appear before the learned Magistrate on 12.02.08. (R.BASANT, JUDGE) rtr/-