IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 2592 of 2009 CRIME NO.50 OF 2009 OF KARUNAGAPPALLY POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ SHEREEF @ KUNJUMON, SHAJI BHAVAN, MANNANTHALA, THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: COMPLAINANT -------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY, KOLLAM. 3. CIRCLE INSPECTOR, KARUNAGAPPALLY, KOLLAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2592 OF 2009 B ------------------------------------------------------ Dated this the 8th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.50 of 2009 of Karunagappally Police Station. 2. The offence alleged against the petitioner is under Sections 454 and 380 of the Indian Penal Code. 3. The prosecution case is that the accused persons committed theft of 'Thirumudi' from Sree Mookampuzha Thirumudi Temple, which is a family temple of the de facto complainant and some of the accused persons. It is stated that the petitioner married a member of the family, who is the daughter of the first accused, on 17.12.2008. The alleged incident was on 8.1.2009, a few days after his marriage. It is stated that there are several disputes pending between the group of the de facto complainant and the group of the people consisting of some of the accused persons. Learned Public Prosecutor submitted that the 'Thirumudi' was found in an abandoned stage in the temple premises on 16.5.2009. 4. Taking into account the facts and circumstances of the case, B.A. NO. 2592 OF 2009 :: 2 :: 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 the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; 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) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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 ahz/