IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4450 of 2009 CRIME NO.181 OF 2009 OF KUTTIPURAM POLICE STATION, MALAPPURAM PETITIONERS: ACCUSED NO.1 AND 2: --------------------------------------- 1. SUNIL, S/O.VELAYUDHAN, MANAYATH PADI, BANGLAKUNNU, KUTTIPPURAM. 2. HARIDASAN, S/O.LATE CHATHAPPAN, KUTTIRI MELPARAMBIL, BANGLAKUNNU, KUTTIPPURAM. BY ADV. SRI.MANSOOR.B.H. RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4450 OF 2009 ------------------------------------------------------ Dated this the 12th August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.181 of 2009 of Kuttipuram Police Station. 2. The offences alleged against the accused are under Sections 143, 147, 448 and 332 read with Section 149 of the Indian Penal Code and Section 3(1) and (2) of the PDPP Act. 3. The prosecution case is that on 30.6.2009, the accused persons trespassed into the office of the Kerala State Electricity Board and tried to manhandle the de facto complainant and destroyed the movables in the office. The de facto complainant ran away and escaped. The motive alleged in the First Information Statement is that dissatisfied with the inspection of a shop at Kuttipuram by the officials of the Electricity Board and issuance a bill for Rs.2,000/- to the shop owner, the accused persons committed the offence. B.A. NO. 4450 OF 2009 :: 2 :: 4. The petitioners have a different story. They say that there was no regular electricity supply in the area for days together and on 22.6.2009, a mass petition was submitted by the people of the locality to the Assistant Engineer of the Kerala State Electricity Board, Kuttipuram Section. According to the petitioners, when people of the locality questioned about the illegal acts of the Electricity Board Officials, the case is foisted against them. 5. 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 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 Rs.15,000/- 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; B.A. NO. 4450 OF 2009 :: 3 :: 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/