IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6183 of 2011() ----------------------------- CRIME NO.199/2011 OF RAMANKARY POLICE STATION PETITIONER/ACCUSED NO.4 ------------------------- RENJITH.R.M., S/O. MADHAVAN, AGED 26 YEARS, RETHI BHAVANAM, VEZHAPRA, RAMANKARY, ALAPPUZHA. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, RAMANKARY POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/08/2011, ALONG WITH BA NO. 6184 OF 2011 BA NO. 6189 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------------- Bail Appln.Nos.6183, 6184 & 6189 of 2011 -------------------------------------------------------------- Dated this the 22nd day of August, 2011 ORDER All these three Bail Applications are filed by Renjith.R.M., who is an accused in all the three cases. 2. Bail Appln.No.6183 of 2011 relates to Crime No.199 of 2011 of Ramankary Police Station. The offences alleged against the accused are under Sections 379 and 414 of the Indian Penal Code. The allegation therein is that in the first week of February, 2010, accused Nos.1 to 3 committed theft of a battery from a tipper lorry. The battery was concealed near the house of accused No.1. On the next day, as directed by accused Nos.1 to 3, accused No.4 and others took the battery in the auto rickshaw of accused No.4 and handed over the battery to one Shiju. Shiju paid Rs.1,000/- to all the accused out of which Rs.450/- was paid to accused No.4 (petitioner). 3. Bail Appln.No.6184 of 2011 relates to Crime No.194 of 2011 of Ramankary Police Station. The offences alleged in that case are under Sections 457, 380, 414 and 411 read with Section 34 of the Indian Penal Code. The Bail Appln.Nos.6183, 6184 & 6189/2011 : 2 : prosecution case is that on 5th October, 2010 at 11.30 P.M., accused Nos.1 to 3 entered into a teashop by removing roof tiles and committed theft of a gas cylinder. The gas cylinder was concealed in a Chira. On the next morning, accused No.4 together with accused Nos.1 to 3 took the cylinder and sold the same to accused No.5, Sibichan. It is alleged that Rs.500/- was paid to accused No.4. 4. Bail Appln.No.6189 of 2011 relates to Crime No.197 of 2011 of Ramankary Police Station, wherein the petitioner herein is accused No.3. The offences alleged are under Sections 457, 380, 414 and 411 read with Section 34 of the Indian Penal Code. The allegation is that in the 3rd week of December, 2010, accused Nos.1 and 2 committed theft of two gas cylinders from a Restaurant. The gas cylinders were concealed in a Chira. Later the gas cylinders were removed in the auto rickshaw of accused No.3 and the cylinders were sold to accused No.4, Sibichan. Sibichan paid Rs.3,000/- to the accused out of which Rs.500/- was paid to the petitioner (accused No.3). 5. When the Bail Application came up for admission on 08/08/2011, the following order was passed: Bail Appln.Nos.6183, 6184 & 6189/2011 : 3 : “5. Shri.K.K.Unni, the learned counsel for the petitioner submitted the following:- The petitioner is an auto rickshaw driver and he plies his own vehicle for his livelihood. The petitioner is not involved in any criminal activities. He only allowed the auto rickshaw to be used for carrying the gas cylinder as well as the battery. He did so as the auto rickshaw was hired by the other accused. He was not part of the theft or the sale of stolen articles. He only acted as the driver of the auto rickshaw and took the goods to the destination at the request of the other accused, on a remuneration paid to him. It is submitted that the petitioner is prepared to say the truth before the Investigating Officer and also before court. These submissions were made by the Counsel on getting specific instructions from the petitioner, after granting sufficient time to the Counsel to contact the petitioner. The Counsel pointed out that in the three transactions alleged against the petitioner, even going by the prosecution cases, the petitioner received only Rs.1,450/-. These three offences were registered during the period from February, 2010 to December, 2010. According to the learned Counsel this itself is a clear indication that the petitioner is not involved in this crime. 6. Taking into account the peculiar circumstances of the case and the nature of the offences, I am of the view that before considering Bail Appln.Nos.6183, 6184 & 6189/2011 : 4 : the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 11/08/2011 and 12/08/2011. 7. Post on 17/08/2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime Nos.199, 194 and 197 of 2011 of Ramankary Police Station, till 20/08/2011”. 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 08/08/2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offences and also taking note of the fact that the direction in the order dated 08/08/2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) in each case with two solvent sureties each for the like Bail Appln.Nos.6183, 6184 & 6189/2011 : 5 : amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on every Monday, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj