IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 6619 of 2011() ----------------------------- FIR NO.631/2011 OF POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM PETITIONER :ACCUSED ------------------------------ E.PADMA KUMAR POTTI, AGED 40, S/O.K.EASWARAN POTTI, MEL SANTHI (UNDER SUSPENSION), KUSAKODE MAHADEVAR TEMPLE, THIRUMALA, THIRUVANANTHAPURAM, RESIDING AT GOKULAM VADAKARA NAGAR, ARAYALLOOR, THIRUMALA P.O., THIRUVANANTHAPURAM BY ADV. SRI.R.SUDHISH SRI.S.V.RAJAN SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM - 695001. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6619 of 2011 --------------------------- Dated this the 26th day of September, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in FIR No.631 of 2011 of Poojappura Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 406 and 409 of the Indian Penal Code. 3. The allegation is that the petitioner, as Melsanthi of a temple, received offering from the worshipers and the public and conducted poojas and caused a loss of ` 52,370/- to the Devaswom. 4. 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 BA 6619/11 2 petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required ; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; C) The 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. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl