IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Bail Appl..No. 2133 of 2010 CRIME NO.169 OF 2010 OF VARAPPUZHA POLICE STATION PETITIONER: ACCUSED NO.2: ------------------------------ SHIBIN JOSEPH, AGED 20, S/O. JOSEPH, KALATHILPARAMBIL HOUSE, KONGORPPILLY.P.O. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, VARAPPUZHA POLICE STATION, (CRIME NO. NOT KNOWN) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2133 OF 2010 ------------------------------------------------------ Dated this the 9th day of April, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.169 of 2010 of Varappuzha Police Station. 2. The offences alleged against the accused are under Sections 341, 323, 294(b), 506(i) and 384 read with Section 34 of the Indian Penal Code. 3. The de facto complainant is a student studying in an Engineering College in Salem, namely, Salem Vinayaka Mission Engineering College. Accused Nos.1 to 3 are the senior students in the same College. The allegation is that the accused persons used to extort money from the de facto complainant on various occasions for the purpose of purchasing liquor. The de facto complainant was being threatened by the accused that, unless he obeyed the directions of the accused, he would not be allowed to continue the B.A. NO. 2133 OF 2010 :: 2 :: studies in the Engineering College. The First Information Statement reveals that the de facto complainant and accused Nos.1 to 3 were staying in the same place and due to the threat made by accused Nos.1 to 3, the de facto complainant had to shift the place of residence. On one occasion, the de facto complainant was compelled to take money using his ATM card for the purpose of purchasing liquor for accused Nos.1 to 3. On another occasion, the de facto complainant was beaten by one of the accused, since the de facto complainant refused to bring liquor for the accused. The First Information Statement would reveal that the life of the de facto complainant became miserable. He even thought of discontinuing his studies. Finally, the de facto complainant reported the matter to his father and along with his father, he came to the Police Station and lodged the First Information Statement. 4. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I am not inclined to grant anticipatory bail to the petitioner. 5. The learned Public Prosecutor submitted that accused Nos.1, 3, 5 and 6 were arrested. B.A. NO. 2133 OF 2010 :: 3 :: 6. The learned counsel for the petitioner submitted that the petitioner is also a victim of the harassment made by the other accused. While disposing of the Bail Application, it is not necessary to decide that question here. Finally, the learned counsel for the petitioner submitted that the petitioner may be afforded an opportunity to settle the disputes and differences with the help of his parents so that the matter can be talked over by the parents of the students and a final solution could be arrived at. The learned counsel submitted that there may be a direction not to arrest the petitioner for a period of three weeks so that the possibilities of a settlement could be explored. The request is just and reasonable. 7. For the aforesaid reasons, the Bail Application is dismissed. However, to facilitate a settlement of the disputes between the parties, who are students, there will be a direction that the petitioner shall not be arrested in connection with Crime No.169 of 2010 of Varappuzha Police Station for a period of three weeks. The learned Public Prosecutor made it clear that if the matter is settled between the parties and the settlement is reported to the B.A. NO. 2133 OF 2010 :: 4 :: investigating officer by the de facto complainant, the petitioner would not be arrested in connection with the crime. (K.T.SANKARAN) Judge ahz/ Handover the order today itself.