IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 875 of 2008() ---------------------------- CRIME NO.775/2007 OF THRISSUR EAST POLICE STATION .................... : PETITIONERS ---------------------------- 1. K.K.WILSON, DISTRICT PRESIDENT, ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, THRISSUR DISTRICT UNIT, SANGAM MEDICALS, ERNAKULAM. 2. M.J.ROBY, JOINT SECRETARY, ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, THRISSUR DISTRICT UNIT, KARUNA MEDICALS, CHAVAKKAD. 3. V.ANWAR, VICE PRESIDENT, ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, THRISSUR DISTRICT UNIT, SWAPNA MEDICALS, KUNNAMKULAM. 4. SIVASANKARAN, SECRETARY, ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, THRISSUR DISTRICT UNIT, PEE CEE MEDICAL AGENCIES, ANCHERI COMPLEX, PALLIKULAM ROAD, THRISSUR. 5. P.N.SURESH KUMAR, VICE PRESIDENT, ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, THRISSUR DISTRICT UNIT, RAKHEE MEDICALS, CHANDRAPANI. 6. JOJO RAPHEL, TREASURER, ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, THRISSUR DISTRICT UNIT, KILLIKADAN PHARMACY, PUDUKKAD. BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.875 of 2008 ---------------------------------------- Dated this the 20th day of February 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 to 6. They are the office bearers of an association by name All Kerala Chemists and Druggists Association. They face allegations now under Section 384 IPC. Initially an allegation was raised under the Essential Commodities Act also. Those allegations have been withdrawn in the course of investigation. The investigation is in progress. The petitioners apprehend arrest for the crime alleged against them under Section 384 I.P.C. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The petitioners are office bearers of the said association which is a voluntary one. Persons who are desirous of joining the association can join the association. Those who join the association are entitled for certain benefits. The discount from the manufacturers which are passed on to the association will be distributed among the members on condition that they should not pass on such benefit of discount to anyone other than the members. Some of the members of the association allegedly violated this norm. The B.A.No.875/08 2 association, in accordance with its constitution and bye-laws initiated proceedings against such persons. Fines were imposed on them. It is the demand for such amount that is termed as extortion by such persons, contends the counsel. 3. The learned counsel for the petitioners submits that in any view of the matter, the conduct of the petitioners cannot amount to any offence punishable under Section 384 I.P.C. The learned counsel for the petitioners further submits that in an appeal filed by such persons against whom the levy has made, directions have been issued for return of the money on the specific understanding that they shall not be entitled for benefit of the discount, if they continue to pass on the benefit to non- members. The learned counsel for the petitioners, in these circumstances, prays that anticipatory bail may be granted to the petitioners. 4. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor opposes the application. The learned Public Prosecutor points out that the statements of some of the witnesses recorded reveal that threats were hurled at such members that they will not be able to carry on business if they do not pay fine amounts imposed by the petitioners. 5. Having considered all the relevant circumstances, I B.A.No.875/08 3 am satisfied that this is a fit case where anticipatory bail can be granted to the petitioners. At this early stage of investigation, I shall not embark on any detailed discussion on merits about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I am persuaded to agree that directions under Section 438 Cr.P.C can be issued in favour of the petitioners. I take note of the admitted fact that the petitioners are only office bearers of an association. Imposition of fine is claimed to be on the basis of the constitution and bye- laws of the association. Appropriate conditions can of course be imposed in the interests of a fair, efficient and expeditious investigation. 6. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 27/02/2008. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for B.A.No.875/08 4 interrogation before the investigating officer between 10 a.m and 5 p.m on 28/02/2008 and 29/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 27/02/2008, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 27/02/2008. (R.BASANT, JUDGE) jsr B.A.No.875/08 5 B.A.No.875/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007