IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 6706 of 2011 CRIME NO.820 OF 2011 OF GURUVAYUR POLICE STATION PETITIONERS: ACCUSED NOS.2 TO 4 -------------------------------------- 1. C.MUKUNDA MENON, S/O.LATE T.CHANDRASEKHARA MENON, 'SANKAR VIHAR', GANDHI JUNCTION, ALATHUR,PALAKKAD DISTRICT. 2. K.P.RAVISANKAR, S/O.LATE U.VIJAYAN NAIR, KUNNATH HOUSE,P.O PARUTHIPULLY, PALAKKAD DISTRICT. 3. P.K.BALACHANDRAN, S/O.LATE KESAVAN NAIR, PADIKKALVEETTIL HOUSE P.O KUMARAPANAL,VARAVOOR, THRISSUR DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM. 2. SUB INSPECTOR OF POLICE GURUVAYUR POLICE STATION GURUVAYUR P.O.- 680 012 PUBLIC PROSECUTOR SRI.R.RANJITH SRI.K.I.SAGEER THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011, ALONG WITH BA NO.6707 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NOS.6706 & 6707 OF 2011 ------------------------------------------------------ Dated this the 30th day of November, 2011 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners in B.A.No.6706 of 2011 are the accused persons in Crime No.820 of 2011 of Guruvayur Police Station. Petitioners in B.A.No.6707 of 2011 are the accused in Crime No.821 of 2011 of Guruvayur Police Station. The petitioners in both the Bail Applications are the same persons. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. The petitioners and one Satheesh Menon entered into a partnership deed dated 29.6.2006 for the business of construction of buildings, flats etc.. Satheesh Menon was appointed as the Managing Partner. All the other partners (petitioners) were working in UAE. According to the petitioners, after collecting huge amounts from the allottees, Satheesh Menon mismanaged the affairs and he made himself BAIL APPL. NOS.6706 & 6707 OF 2011 :: 2 :: scarce. Suits were filed by the allottees. The allottees association and the petitioners entered into an agreement dated 16.5.2011, by which the terms and conditions were agreed upon. The petitioners are bound to complete the construction and the allottees are bound to pay certain amounts in four instalments from 10.10.2011 to 31.8.2012. 4. Learned counsel for the petitioners submitted that the construction activities are going on in terms of the settlement and the promise made to the allottees will be duly complied with. It is submitted that the petitioners are also the victims of the dishonest acts of Satheesh Menon. 5. When the Bail Applications came up for hearing on 26.8.2011, the following order was passed: “The learned counsel for the petitioners submitted that if the petitioners are given an opportunity to explain matters before the Investigating Officer, it would be clear that the petitioners have not committed any offence. The submission made by the learned counsel for the petitioners appears to be reasonable. Pending disposal of the Bail Applications, the petitioners are permitted to appear before the Investigating Officer and to explain matters. The BAIL APPL. NOS.6706 & 6707 OF 2011 :: 3 :: petitioners shall not be arrested in connection with Crime Nos.820 of 2011 and 821 of 2011 of Guruvayur Police Station till 6th September, 2011. Post on 5th September, 2011.” 6. It is submitted that the petitioners appeared before the Investigating Officer and all the facts and circumstances have been explained. 7. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances and also taking note of the fact that the petitioners have appeared before the Investigating Officer and explained all the facts and circumstances of the case, 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 Rupees Ten thousand 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; BAIL APPL. NOS.6706 & 6707 OF 2011 :: 4 :: 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) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. These Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/