IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 Bail Appl..No. 498 of 2008() ---------------------------- (CB) CRIME NO.RC 26(A)/2007 CBI/SPE COCHIN PETITIONERS : ACCUSED ------------------------- 1. BINDU JEEVAN, PROPRIETRESSES, M/S.KATHIR FOODS, XXII/665, INDUSTRIAL DEVELOPMENT PLOT, CHAMPANOOR, ANGAMALY, ERNAKULAM DISTRICT. 2. V.S.JEEVA KUMAR, REPRESENTATIVE, M/S.KATHIR FOODS, XXII/665, INDUSTRIAL DEVELOPMENT PLOT, CHAMPANOOR, ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENTS: ------------- THE INSPECTOR OF POLICE, CBI/SPE COCHIN. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.498 of 2008 ------------------------------------- Dated this the 12th day of February, 2008 ORDER Application for anticipatory bail. Petitioners-spouses apprehend arrest as accused in a crime registered by the respondent alleging offences punishable, inter alia, under Sections 120 B and 420 I.P.C and Section 13 of the Prevention of Corruption Act. 2. There is a long story and history behind this crime. The petitioners were awarded some contracts by the Kerala Civil Supplies Corporation. Allegations were raised about the manner in which the Kerala Civil Supplies Corporation works. Allegations of corruption were raised against its officials. The Corporation was allegedly led to suffer huge loss by such conduct of the officials, it was alleged. The matter came before the First Bench of this Court and the Division Bench has directed now that the C.B.I must investigate into certain crimes including the one herein. Investigation has commenced. The petitioners apprehend imminent arrest. 3. The 1st petitioner is a woman who had succeeded in getting a contract from the Kerala Civil Supplies Corporation. The 2nd petitioner is the husband of the 1st petitioner. They have B.A.No.498 of 2008 2 altogether a different story to advance. According to them, they had won the contract honestly and by bona fide means. There was an effort on the part of some officials of the Corporation along with other men to extract money from the petitioners. Their winning the contract was frowned upon by such persons who had undue interest in awarding the contract to some others. A complaint was launched against the petitioners to ensure that they were not able to work peacefully and discharge the obligation under the contract. The present prosecution is also a further attempt in that direction by some interested persons. 4. The petitioners are absolutely innocent. They are willing to co-operate with the investigator. They are also interested in exposing the instances of corruption and unfair dealings in the Kerala Civil Supplies Corporation of which according to them they were not beneficiaries but the victims. They are willing to share all information which they have acquired in this case. But their arrest and custodial interrogation is not at all necessary. Petitioners shall co-operate with the investigators. Subject to any appropriate conditions, the petitioners may be granted anticipatory bail, it is prayed. 5. Notice was given. The learned Standing for the C.B.I opposes the application. As this Court was not too convinced B.A.No.498 of 2008 3 about the validity of the objections raised, it was directed that a statement be filed to explain the precise nature of the allegations that are raised against the petitioners. Statement has been filed by the respondent. I have gone through the statement filed by the respondent. I have considered all the relevant inputs also. At this early stage of investigation, I shall not embark on a detailed discussion about the acceptability of the allegations or the credibility of the data collected. Suffice it to say that I find merit in the prayer of the petitioners, including the 1st petitioner a woman, that the petitioners do not deserve to endure the trauma of arrest and incarceration. Appropriate conditions can be imposed to ensure the interests of a fair, efficient and expeditious investigation. Provision for exhaustive interrogation in custody can also be made. But I am satisfied that direction under Section 438 Cr.P.C can be issued in favour of the petitioners. 6. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioners shall appear before the learned Special Judge at 11 a.m on 19.02.08. They shall be enlarged on regular bail on their executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties each for the like sum to the satisfaction of the learned Special Judge; B.A.No.498 of 2008 4 ii) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 20.02.08, 21.02.08, 22.02.08 and 23.02.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioners do not appear before the learned Special Judge 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 those directions were not issued at all; iv) If the petitioners were arrested prior to their surrender on 19.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.1,00,000/- (Rupees One lakh only) each without any sureties undertaking to appear before the learned Special Judge on 19.02.08. (R.BASANT, JUDGE) rtr/- B.A.No.498 of 2008 5