IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Bail Appl..No. 5901 of 2011() ----------------------------- CRIME NO.804/2011 OF THODUPUZHA POLICE STATION, IDUKKI PETITIONERS/ACCUSED 2 TO 4 : ------------------------------------- 1. SAJID.N, AGED 22 YEARS, S/O.YOUSAF, NELLIULLATHIL HOUSE, MUDAPILAVU DESOM, MANTHARATHOOR VILLAGE, VADAKARA TALUK. 2. SANJITH KURIAN, AGED 24 YEARS, S/O.KURIAN, KANAKKALIL HOUSE, KOLITHATTU DESOM, VAYATHOOR VILLAGE, THALIPARAMBA TALUK. 3. SAJEER.C.P, AGED 25 YEARS, S/O.ABDUL SAMAD, CHETTITHODI POOVATHUMKUZHY HOUSE, CHEMMANKUZHY DESOM, VALLAPUZHA VILLAGE, OTTAPALAM TALUK. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5901 of 2011 --------------------------- Dated this the 10th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.2 to 4 in Crime No.804 of 2011 of Thodupuzha Police Station. 2. The offences alleged against the petitioners are under Sections 451 and 392 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for admission on 2.8.2011, the following order was passed : “3. The prosecution case is that on 13.6.2011 at 7 A.M., the accused persons trespassed into the house of the de facto complainant and took away a television, gas cylinder and mobile phone. 4. The learned counsel for the petitioners submitted that the son-in-law of BA 5901/11 2 the de facto complainant is their employer who is engaged in T.V. serial production. The petitioners are the production boys. Huge expenditure was incurred by the petitioners on account of the purchase of articles supplied to the house of their employer and also towards the expenses incurred for the artists for T.V serial. The petitioners were not paid the amount and a dispute arose. It is submitted that a case was foisted against the petitioners. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case and the nature of the offences, 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 5.8.2011 and 6.8.2011. 7. Post on 10.8.2011. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested in connection with Crime No.804 of 2011 of Thodupuzha Police Station, till BA 5901/11 3 14.8.2011. The petitioners shall produce a copy of this order before the investigating officer.” 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 2.8.2011 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 2.8.2011 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 arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for ` 10,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : BA 5901/11 4 A) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioners shall appear before the investigating officer for interrogation as and when required . C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence . D) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; E) 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 csl