IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Bail Appl..No. 5804 of 2011() ----------------------------- CRIME NO.638/11 OF KURUPPANPADY POLICE STATION PETITIONER/ACCUSED : -------------------------- P.V.PAULOSE, S/O. VARGHESE, AGED 50 YEARS, PARUTHIYELIL, PROPRIETOR, FRIENDS VENEER INDUSTRIES, KOTTACHIRA, ASAMANNUR P.O., ERNAKULAM DISTRICT. BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S): COMPLAINANT ------------------------------------ THE STATE OF KERALA, SUB INSPECTOR OF POLICE, KURUPPANPADY POLICE STATION, KURUPPANPADY P.O., PIN-683 649, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5804 of 2011 --------------------------- Dated this the 22nd day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.638 of 2011 of Kuruppampady Police Station. 2. The offence alleged against the petitioner is under Section 26 of the Juvenile Justice (Care and Protection of Children) Act. 3. The allegation is that the petitioner employed three juveniles in his industrial unit. 4. The petitioner relies on Annexures 1 to 3 certificates issued by the sarapancha showing that the three persons, who were allegedly juveniles, are aged 19 years, 20 years and 21 years respectively. BA 5804/2011 2 5. The learned counsel for the petitioner submitted that in Perumbavoor area, lot of workers from West Bengal, Orissa and Tamil Nadu are available and they will assemble at particular locations. Employees are taken from that place by various persons. Most of them are not permanent employees and they are daily waged labourers. 6. 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 petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required ; B) The petitioner shall co-operate with the investigating officer in the matter of investigation ; BA 5804/2011 3 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on 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