IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 27TH AUGUST 2009 / 5TH BHADRA 1931 Bail Appl..No. 3949 of 2009() ----------------------------------- CRIME NO. 332/2009 OF CHERPU POLICE STATION ................................ APPLICANTS/ACCUSED 1,3 TO 5: ----------------------------------------------- 1. M.P.RAGHAVAN,AGED 67 YEARS, S/O.LATE PANKUNNY, MARATH HOUSE, KODANNUR DESOM, KODANNUR VILLAGE, THRISSUR TALUK. 2. K.V.UNNIKRISHNAN,AGED 58 YEARS, S/O.LATE VELAYUDHAN, KURUVATH HOUSE, KODANNUR DESOM, KODANNUR VILLAGE, THRISSUR TALUK. 3. M.R.RAJU, AGED 39 YEARS, S/O.LATE RAGHAVAN, MANKUZHY HOUSE, KODANNUR DESOM, KODANNUR VILLAGE, THRISSUR TALUK. 4. V.B.BABU,AGED 44 YEARS,S/O.BHASKARAN, VELLIYATTU VALAPPIL HOUSE, KODANNUR DESOM, KODANNUR VILLAGE, THRISSUR TALUK. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,REPRESENTING THE S.I. OF POLICE, CHERPU POLICE STATION, THRISSUR DISTRICT. BY SRI.V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3949 of 2009 ------------------------------------ Dated this the 27th day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 3 to 5 in Crime No.332/2009 of Cherpu Police Station. 2. The offence alleged against the petitioners is under Section 420 read with Section 34 of the Indian Penal Code. 3. Petitioners are office bearers of Kodannur Vadakkumuri Sree Subramania Samajam, which is a Registered Society. 4. When the Bail Application came up for hearing on 22.07.2009, the following order was passed: “Learned counsel for the petitioners submitted that the petitioners are office bearers of the Samajam and they were inducted as such only in 2008. The Manager, having a service of more than 30 years, had misappropriated amounts of the depositors. The petitioners found out the same and the Manager was directed to produce the correct accounts on 14.3.2009. The minutes of the meeting would indicate the same. From 19.3.2009 onwards, the Manager was missing. It B.A. No. 3949 of 2009 2 was reported to the police by the petitioners. On 21.3.2009, the dead body of the Manager was found. He had committed suicide. It is also stated that a meeting of the depositors was convened in the presence of the Circle Inspector of Police and Annexure A decision was taken in that meeting. Civil suits filed by the depositors are also pending. Learned public prosecutor seeks further time to get instructions on these aspects. Post on 7th August 2009. Learned public prosecutor submitted that the petitioners will not be arrested till then.” 5. It is submitted by the learned Public Prosecutor that the Manager of the Society was found dead in a lodge and on investigation it was revealed that he committed suicide. The Manager was missing from 19.03.2009 onwards. The learned Public Prosecutor also submitted that there was a meeting of the depositors on 29.04.2009. It is also true that the depositors have filed Civil suits, submitted the learned Public Prosecutor. 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the B.A. No. 3949 of 2009 3 petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE ln