IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1872 of 2008() ----------------------------- CRMP.577/2008 of DISTRICT COURT, ALAPPUZHA CRIME NO.107/08 OF AMBALAPUZHA POLICE STATION .................... PETITIONERS : ACCUSED 1 TO 3 AND 6 ------------------------------------- 1. SHANMUGHAN, S/O.KUTTY, AGED 59 YEARS ACHANVEEDU, AMBALAPUZHA. 2. GIRISH, S/O.VISWAMBARAN, AGED 36 YEARS THARAYILTHOPPU, KOMANA, AMBALAPUZHA. 3. BALAKRISHNAN, S/O.KOCHUKUNJU AGED 57 YEARS, KUZHIYIL, AMBALAPUZHA. 4. VENU, S/O.THANKAPPAN PUTHUVAL BHAVANAM, KOMANA, AMBALAPUZHA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENTS: COMPLAINANT ------------------------ THE STATE OF KERALA, REPRESENTING STATION HOUSE OFFICER, AMBALAPUZHA POLICE STATION REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1872 of 2008 ------------------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. The petitioners face allegations in a crime registered alleging offences punishable, inter alia, under Secs.420 and 406 of the IPC. The petitioners were the office bearers of Akhila Kerala Dheevara Sabha, Komana Branch. The crime against them has been registered on the basis of a private complaint filed by the Secretary of the Sabha who was subsequently elected to that post. He had filed a private complaint before the learned Magistrate and the learned Magistrate has referred the said complaint to the police under Sec.156(3) of the Cr.P.C. Investigation is in progress. The petitioners are accused 1 to 3 and 6. They apprehend imminent arrest. 2. The learned counsel for the petitioners submits that B.A. No. 1872 of 2008 -: 2 :- the petitioners are absolutely innocent. Because of internecine disputes in the organisation, the present Secretary has filed such a false complaint against the petitioners. Some depositors had earlier filed a complaint before the police and accordingly Crime No.37/07 of the Ambalapuzha Police Station was registered and the petitioners have been granted regular bail in that case. The newly elected Secretary has raised some false allegations with the transparent intention of vexing and harassing the petitioners. The petitioners have not committed any offence. A proper examination of the materials shall convince any unbiased person that the petitioners are not guilty of any offence as alleged, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor, in the facts and circumstances of this case, does not oppose the application for anticipatory bail; but only prays that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. 4. Having considered all the relevant inputs, I am satisfied that the petitioners can be granted anticipatory bail. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. B.A. No. 1872 of 2008 -: 3 :- 5. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 2/4/08. They shall be released on regular bail on their executing bonds for Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 3.4.08 and 4/4/08. During this period the Investigator shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioners shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months. Subsequently, they shall so make themselves available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to B.A. No. 1872 of 2008 -: 4 :- arrest the petitioners and deal with them in accordance with law as if these directions were not issued at all; (iv) If the petitioners were arrested prior to their surrender on 2/4/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.1,00,000/- each without any sureties undertaking to appear before the learned Magistrate on 2/4/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge