IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 Bail Appl..No. 4170 of 2008() ----------------------------- CRIME NO. 361/2008 OF IRITTY POLICE STATION : PETITIONERS/ACCUSED ------------------------------------ 1. P.M.BENNY, S/O.MATHEW, PUTHUPPALLY HOUSE, NEDUMUNDA, ARALAM AMSOM, THALASSERY TALUK. 2. K.A.PHILIP, ADVOCATE, THALASSERY, S/O.ANTONY, RESIDING AT KUNNAPPALLY HOUSE, KILIYANTHARA P.O., VILAMANA AMSOM, IRITTY, KANNUR DISTRICT. (FORMER PRESIDENT, TELLICHERRY TALUK RUBBER AND AGRICULTURAL MARKETING CO-OP. SOCIETY LIMITED NO.C. 927, P.O.IRITTY). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.H.O., IRITTY POLICE STATION, KANNUR DISTRICT. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4170 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of July, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 406 read with section 34 IPC . According to the defacto-complainant, he deposited some rubber sheets in the society and later when he approached the society for the money, credit bill was issued by the 1st petitioner. Thereafter, the said bill was not honoured and he filed the complaint against the 1st petitioner who is the Secretary and the 2nd petitioner who is the President. 3. Learned Public Prosecutor submitted that the 2nd petitioner was not the President at the time of the alleged offence and hence he has no objection in granting anticipatory bail to the 2nd petitioner. However, the 1st petitioner is the Secretary who has issued the credit bill and refused to pay the money. 4. Learned counsel for the petitioners submitted that the 1st petitioner was only acting on behalf of the society. There was some dispute between the society and the defacto-complainant with respect to the honouring of the credit bill. In cases of such disputes, the defacto- BA 4170/08 -2- complainant has his remedies before the appropriate authority, since he is a member of the society. But, he has not approached such authority for getting his grievance redressed. Instead, he filed a criminal complaint. The petitioner does not have any liability as per law and the liability, if any, is on the society, it is submitted. 5. On hearing both sides I find that anticipatory bail can be granted to the petitioners and the following orders are passed:- Petitioners shall surrender before the Investigating Officer within seven days from today and make themselves available for interrogation and thereafter in the event of their arrest, they shall be released on bail on their executing a bond for Rs.25,000/- each with solvent sureties each for the like amount to the satisfaction of the arresting officer on condition that they will make themselves available for interrogation and shall co-operate with the investigation. The application is allowed as above. BA 4170/08 -3- K. HEMA, JUDGE. mn.