IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 Bail Appl..No. 7715 of 2008() ----------------------------- CRIME NO.248/08 OF KANJIRAMKULAM POLICE STATION PETITIONER -------------------- MOHANAKUMAR, BETHAL COTTAGE, CICILIPURAM VENGANNOOR PO., BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7715 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 379 IPC. According to prosecution, on 14.11.08 a motor cycle was found abandoned and it was taken into custody and kept in the premises of the police station. On 19.11.08 it was revealed that, the front tyre of the motor cycle was stolen by the petitioner and substituted with another old tyre. A complaint was lodged against the petitioner on 21.11.08. 3. Learned counsel for the petitioner submitted that, the petitioner is a Police Constable working in the same police station. The Sub Inspector of the police station has some grudge against the petitioner and that only is the reason for falsely implicating the petitioner in the case. The Sub Inspector had motive to implicate the petitioner in the crime for two reasons. Firstly, he had proposed his brother to the petitioner's daughter for marriage. It was refused by the petitioner since he did not want his daughter to be given in marriage to a Police Constable. BA No. 7715 /08 -:2:- Sub Inspector's brother is a Police Constable. Secondly, the petitioner has a Santro car and the Sub Inspector wanted the petitioner to give it to take his father and the car was given. Thereafter he was informed that, the car was taken to a workshop for some minor repair. 4. On going to the workshop it was revealed that the Santro Car was used for transporting rubber sheets by bending the back seat. Because of the heavy load, some mechanical defect occurred and hence the repair cost was about Rs.5,000/-. The petitioner was forced to give the money. Petitioner requested the Sub Inspector to bear, at least a portion of the expenses, for which he was not willing. For these reasons, the petitioner has been falsely implicated in an offence of this nature, it is submitted. 5. It is now alleged that the tyre is seized from the motor cycle of the petitioner, which was handed over to the Sub Inspector by the petitioner himself. It is also alleged that even though the tyre is an old one, which would cost only Rs.250/-, the tyre is worth Rs.400/- with a view to implicate the petitioner in a non-bailable case. BA No. 7715 /08 -:3:- 6. The petitioner is suspended from the service and the crime was registered on 21.11.08, when the Sub Inspector was fully aware that the petitioner's daughter's marriage was fixed to 24.12.08. The petitioner is absolutely innocent of the allegations made, it is submitted. 7. Learned Public Prosecutor denied the allegations made against the Sub Inspector. He pointed out that no complaint was given against the Sub Inspector, though allegations are made against him. There are higher authorities to whom he could have filed complaint. But, so far, no complaint was made against him. However, it s fairly conceded that the recovery is effected and the custodial interrogation of the petitioner is not necessary. Learned Public Prosecutor submitted that the petitioner may be directed to surrender before the Investigating Officer. On hearing both sides, I find that anticipatory bail can be granted and the petitioner has to be given an opportunity to establish his defence and therefore the following order is passed : Petitioner shall surrender before the Investigation Officer within 7 days from today and co-operate with the investigation. In case BA No. 7715 /08 -:4:- the petitioner is arrested, he shall be released on bail on executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the arresting officer on the following conditions : (i) Petitioner shall co-operate with the investigation and report before the Investigating Officer as and when directed. (ii) Petitioner shall not influence or intimidate any witnesses or commit any offence while on bail. The petition is allowed. K. HEMA, JUDGE ttb