IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 Bail Appl..No. 5124 of 2009 CRIME NO.358 OF 2009 OF BINANIPURAM POLICE STATION PETITIONERS/ACCUSED -------------------------------------- 1. ABDUL SALAM.M.A., S/O. ABDUL KAREEM.M.A 'SOHNA', PAYYAPPILLY LANE, ALUVA WEST VILLAGE ALUVA-683101. 2. AFNIL SALAM.M.A. S/O. M.A.ABDUL SALAM 'SOHNA', PAYYAPPILLY LANE, ALUVA WEST VILLAGE ALUVA-683101. 3. BINIL SLAM, S/O. M.A.ABDUL SALAM, 'SOHNA', PAYYAPPILLY LANE, ALUVA WEST VILLAGE ALUVA-683101. 4. SHAHIDA.P.A. D/O. ABDUL KHADER 'SOHNA', PAYYAPPILLY LANE, ALUVA WEST VILLAGE ALUVA-683101. BY ADV. M/S.VARGHESE & JACOB SRI.VIVEK VARGHESE P.J. RESPONDENT: STATE: --------------- SUB INSPECTOR OF POLICE BINANI PURAM POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5124 OF 2009 ------------------------------------------------------ Dated this the 9th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.358 of 2009 of Binanipuram Police Station. 2. The offences alleged against the petitioners are under Sections 120B, 465, 468, 406, 417, 420 and 380 read with Section 34 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Court of the Judicial Magistrate of the First Class, North Paravur, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. The de facto complainant alleges that he was a partner along with some of the accused persons in a partnership firm. There was reconstitution of the firm occasionally. The allegation is that the accused persons released products under the name and style “Farm Fresh Foods” and thereby gained wealth deceiving the de facto B.A. NO. 5124 OF 2009 :: 2 :: complainant and also the customers. The de facto complainant filed O.S.No.250 of 2009 before the Court of the Subordinate Judge of North Paravur for realisation of amounts and also for an injunction restraining the defendants from conducting business under the name and style “Farm Fresh Foods”. The suit is pending. Learned counsel for the petitioners submitted that even before receiving summons in the suit, the petitioners had filed Arbitration Request No.22 of 2009 before this Court. 4. In the facts and circumstances of the case, the contention raised by the petitioners that in respect of the civil dispute between the parties, the de facto complainant is making an attempt to get the petitioners arrested on an accusation of having committed a non- bailable offence, appears to be just and reasonable. In 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 Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 5124 OF 2009 :: 3 :: 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; 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/