IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 Bail Appl..No. 4200 of 2009() ----------------------------- CRIME NO.181/09 OF KUTTIPURAM POLICE STATION, MALAPPURAM PETITIONERS: ACCUSED 1 TO 3 ------------------------------------------- 1. SUNDARAJAN.M.T., S/O.GOPALAN, MUNDRAKODE, BUNGLAMKUNNU KUTTIPURAM, MALAPPURAM DISTRICT. 2. BIJU, S/O.SOMAN, CHOLAKUZHIYIL, BANGLAMKUNNU, KUTTIPURAM, MALAPPURAM DISTRICT. 3. P.MANIKANDAN, S/O.CHATHA, KUTTEICAL PARAMBU, BANGLANKUNNU KUTTIPURAM, MALAPPURAM DISTRICT. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING STATION HOUSE OFFICER, KUTTIPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4200 OF 2009 ------------------------------------------------------ Dated this the 31st July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. According to the petitioners, they are accused Nos.1 to 3 in Crime No.181 of 2009 of Kuttipuram Police Station. Learned Public Prosecutor submitted that petitioners 1 and 3 are not arrayed as accused as of now and the second petitioner is the third accused in that crime. 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 B.A. NO. 4200 OF 2009 :: 2 :: 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. 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 second petitioner. There will be a direction that in the event of the arrest of the second petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 4200 OF 2009 :: 3 :: a) The second petitioner shall appear before the investigating officer for interrogation as and when required; b) The second petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The second petitioner 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. If petitioners 1 and 3 are subsequently arrayed as accused in the case, the same directions as in paragraph 5 above will apply to them also. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/