IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 Bail Appl..No. 5162 of 2008() ----------------------------- CRIME NO.160/08 OF KANNAPURAM POLICE STATION PETITIONER/ACCUSED 1 TO 7 --------------------------------------------- 1. M.NARAYANAN, S/O.KUNHAPPA NAIR, AGED 60 YEARS, PEERUMUDI HOUSE, KANNAPURAM.P.O, CHERUKUNNU, KANNUR. 2. E.REGHU, S/O.CHANDUKUTTY NAIR, AGED 42 YEARS, PEERUMUDI HOUSE, KANNAPURAM.P.O, CHERUKUNNU,KANNUR. 3. M.BHARATHAN, S/O.KUNHIRAMAN, AGED 55 YRS MACHITHOL HOUSE, CHERUKUNNU.P.O, KANNUR. 4. O.KRISHNAN, S/O.KUNHAPPA, AGED 61 YEARS, RETIRED TEACHER, ODAYAMMADAM, CHERUKKUNNU.P.O, KANNUR. 5. P.M.VINOD, S/O.A.KARUNAKARAN NAMBIAR, AGED 42 YEARS, PRASEETHALAYAM, PALLICHAL, CHERUKUNNU, KANNUR. 6. E.PADMARAJAN, S/O.CHANDRASEKHARAN, AGED 39 YEARS, KAPPADAN HOUSE, EDAKKEPURAM, CHERUKUNNU.P.O, KANNUR. 7. N.SHARAVANAN, S/O.NARAYANAN, AGED 39 YRS MUNGATH HOUSE, PALLICHAL, CHERUKUNNU.P.O, KANNUR. BY ADV. SRI.M.RAMESH CHANDER SRI.SIJI ANTONY RESPONDENT(S): STATE -------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 5162 of 2008 ----------------------------------------- Dated this the 3rd October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 409, 420, 468 and 471 of Indian Penal Code. According to prosecution, petitioners are the elected Directors of the Cherukunnu Educational Co-operative Society, which is a registered Society. The Society conducts parallel college for Plus-Two and degree students. The Society decided to purchase 50 cents of land for Rs.16.50 Lakhs, but, only 30 cents of land was purchased with an old dilapidated building therein was purchased and said building was demolished. The allegation is that the land was purchased for a higher price of Rs.8 lakhs, whereas the property is worth only Rs.5.5 lakhs and thereby the petitioners caused a lost to the Society and they committed various offences under Sections 409, 420, 468 and 471 IPC. 2. Learned counsel for petitioners submitted that the building was demolished only because the owner of the adjacent property, demolished the part of the building which is situated in his property. There is no element of cheating, misappropriation, forgery etc. The complaint is filed on a misunderstanding. According to learned counsel for petitioners, petitioners were BA.5162/08 2 already questioned by the police and the police is also satisfied about the innocence of the petitioners. But, non bailable offences are involved in this case and petitioners apprehend arrest and detention. 3. Learned Public Prosecutor, submitted that as per Section 55 of the Kerala Co-operative Socities Act, any loss caused to the Society can be recovered from the person who is liable for causing the loss. He also submitted that he has no objection in granting anticipatory bail, but, a direction may be issued to the petitioners to surrender before the investigating officer for interrogation. 4. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioners on conditions. Hence, the following order is passed: Petitioners shall surrender before the investigating officer within ten days from today and make themselves available for interrogation and petitioners shall be released on bail in the event of their arrest on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioners shall make themselves available for interrogation as and when directed. ii) Petitioners shall co-operate with the investigation. BA.5162/08 3 iii) Petitioners shall not commit any offence while on bail. iv) Petitioners shall not influence or threaten or intimidate any witness. Petition is allowed. K.HEMA, JUDGE vgs.