IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 Bail Appl..No. 6240 of 2011() ----------------------------- Crime No.1250 of 2011 of the Kalamassery Police Station. PETITIONERS/ACCUSED ------------------------------ 1. SHERIFF ,AGED 32 YEARS, S/O.KUNJUMUHAMMED, KUZHIKADAVIL HOUSE, THAIKKATTUKARA P.O.,ALUVA, ERNAKULAM 2. SHERIN, AGED 29 YEARS, W/O.SHERIFF, KUZHIKADAVIL HOUSE, THAIKKATTUKARA P.O.,ALUVA, ERNAKULAM BY ADV. SRI.JESWIN P.VARGHESE SMT.G.VIDYA RESPONDENT(S): --------------- STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6240 OF 2011 --------------------------------- Dated this the 1st day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos. 2 and 1 respectively in Crime No.1250 of 2011 of the Kalamassery Police Station. 2. The offence alleged against the petitioners is under Section 420 read with 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 5th August, 2011, the following order was passed: “3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The prosecution case is that accused No.1 borrowed eleven gold bangles from the defacto complainant for temporary use. However, the first accused pledged six of the gold bangles with a financial B.A. No.6240 OF 2011 2 institution. It is not known as to what happened in respect of the five bangles. The defacto complainant alleged that she was deprived of her valuable property, and she was cheated by the accused. 5. The learned counsel appearing for the petitioners submitted that the case of the defacto complainant that accused No.1 borrowed eleven gold bangles is true. Because of financial stringency, six gold bangles were pledged by the accused. It is submitted by the learned counsel for the petitioners that the petitioners are prepared to return the gold bangles to the defacto complainant. They only want some time for making money and redeem the pledged ornaments. 6. Taking into account the submission made by the learned counsel for the petitioners and taking into account the peculiar facts and circumstances of the case, I am of the view that before considering the question of granting anticipatory bail, the petitioners should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer on 16th August, 2011. The investigating officer shall give notice to the defacto complainant for appearance before him on 16.8.2011. The petitioners shall provide to the investigating officer the details of the institutions where the bangles were pledged. 7. The petitioners shall produce a copy of this order before the investigating officer on or before 10th August, 2011. 8. Post on 20th August, 2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.1250 of 2011 of the Kalamassery Police Station, till 20th August, 2011.” B.A. No.6240 OF 2011 3 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the direction in the order dated 5th August, 2011 has been complied with by the petitioners. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 5th August, 2011 has been complied with by the petitioners, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail 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 B.A. No.6240 OF 2011 4 indulge in any prejudicial activity while on bail. d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. e) The petitioners shall cooperate with the investigating officer in the matter of investigation. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms