IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 9446 of 2011() ---------------------------------- CRIME NO.434/2011 OF PUTHENCRUZ POLICE STATION, ERNAKULAM DISTRICT .... PETITIONERS/ACCUSED ----------------------------- 1. BIJU,AGED 40 YEARS,S/O.CHACKO PILLA, VELLITHUTTEL VEEDU,THAMMANIMATTOM KARA, AIKARANAD SOUTH VILLAGE. 2. JOY,AGED 45 YEARS,S/O.UTHUP, VALIYAKATHU VEEDU,THAMMINAMATTOM KARA, AIKARANAD SOUTH VILLAGE. 3. SAJU,AGED 45 YEARS,S/O.POULOSE, PLAPPILLIL VEEDU, KINGINIMATTOM KARA, AIKARANAD SOUTH VILLAGE. 4. SAJI,AGED 38 YEARS,S/O.POULOSE,KAKKATTIL VEEDU, KADAYIRUPPU KARA,AIKARANAD NORTH VILLAGE. 5. GEORGE KUTTY,AGED 30 YEARS,S/O.KURIAKOSE,PUTHUPPANATH VEEDU,VADAYAMBADY KARA, AIKARANAD SOUTH VILLAGE. 6. BENNY,AGED 40 YEARS,S/O.THOMAS,KOLUTHUKATTIL, KINGINIMATTAOM KARA, AIKARANAD SOUTH VILLAGE. 7. JOY,AGED 55 YEARS,S/O.ABRAHAM, ALACKAL VEEDU,KOTTUR,AIKARANAD SOUTH VILLAGE. 8. MATHUKUTTY,AGED 42 YEARS,S/O.VARGHESE, CHUNDATHURUTHIL VEEDU,VADAYAMBADY KARA, AIKARANAD SOUTH VILLAGE. 9. CHERIAN,AGED 52 YEARS,S/O.VARGHESE, PANICHIYIL VEEDU,PERINGOLKARA,AIKARANAD. BY ADVS. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN svs ............2/-.. ...2... B.A. NO.9446/2011 RESPONDENT(S): STATE ----------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (CRIME NO.434/2011 OF PUTHENCRUZ POLICE STATION, ERNAKULAM DISTRICT)-682 031. R1 BY ADDL. DGP. TOME JOSE PADINJAREKKARA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/12/2011, ALONG WITH BA NO.9235 OF 2011 BA NO. 9295 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S. GOPINATHAN, J. ---------------------------------------------------------- B.A.No. 9446 of 2011 & B.A.No. 9235 of 2011 & B.A.No. 9295 of 2011 ---------------------------------------------------------- Dated this the 12th day of December, 2011 ORDER Bail.A.No.9235/2011 is filed by the accused 1, 5, 7, 4, 21, 3, 8, 22, 2, 11, 13, 12, 18, 6 and two others (petitioners 12 and 13) in Crime No.434/2011 of Puthencruz Police station, for offences punishable under Sections 143, 147,148,427,324,326 and 153 r/w 149 of I.P.C in the above case. Bail.A.No.9446/2011 is filed by accused 9,10,14,15,17, 19, 20, 23 and 24. Bail.A.No.9295/2011 is filed by accused 1 to 4 in Crime No.431/2011 of the same Police station, for offences punishable under Sections 143, 145, 147, 427, 153A r/w 149 I.P.C and Section 4 and 6 of the K.P.W R&P Act 2011. Apprehending arrest, detention and torture at the hands of the Investigating Officer, the petitioners have filed these petitions under Section 438 of the Code of the Criminal Procedure, seeking an order directing the respondents to release them on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that the dispute is between two factions namely, Orthodox and Jacobite group of Kolancherry Malankara Church. In favour of Orthodox group, there is a decree in O.S.No.43/2007. The present disputes arose regarding B.A.No. 9446 of 2011 & C.B.As 2 the execution of the decree which is now under challenge in appeal before this Court. However, it is revealed that the either group had taken law in their hands. Both the above cases are the product of such actions. It is also submitted that there are 12 other cases pending against Orthodox group and 14 other cases pending against Jacobite group. The Additional Director General of Prosecution, strongly opposes these petitions, stating that in the event the petitioners are granted orders under Section 438 of the Code of the Criminal Procedure and let at large, there is likelihood of causing law and order problem. It is now reported that the petitioners and other accused are absconding. As a result, the investigation is held up in half way, because, there is the issue of the identity. Despite the earnest efforts of the investigating agency, they could not be arrested. They cannot be kept absconding indefinitely. They have to be apprehended and proceeded in accordance with law. Taking into account of the entire facts and circumstances, I find that they can be released on conditions including the deposit of damages. In Crime No.434/2011, it is alleged that mischief extending up to Rs.3,00,000/- was caused. In Crime 431/2011, the mischief caused is only to the extent of Rs.2,500/-. It would be appropriate to direct the parties to deposit the damages assessed. B.A.No. 9446 of 2011 & C.B.As 3 3. In the result, all these petitions are allowed. In B.A.No.9295/2011, the petitioners are directed to deposit Rs.2,500/- before the Judicial Magistrate of the First Class, Kolancherry. Petitioners 12 and 13 in B.A.No.9235/2011 are reported not involved in the offence alleged. Except them, all petitioners in B.A.No.9235/2011 and B.A.No.9446/2011 are directed to deposit Rs.3,00,000/- before the Judicial Magistrate of the First Class, Kolancherry within one week from today. The petitioners then shall surrender before the Investigating Officer. The Investigating Officer, after interrogation and on satisfaction of the deposit as above, shall release the petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioners in Bail.A.No.9235/2011, except petitioners 12 and 13 and the petitioners in Bail.A.No.9446/2011 shall report before the Investigating at 10.am on every Monday. 2) Petitioners in Bail.A.No.9295 shall report before the Investigating at 10.am on every Tuesday. 3) They shall not enter Ernakulam district except for reporting before the Investigating Officer. 4) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer. B.A.No. 9446 of 2011 & C.B.As 4 4. The amount in deposit shall be disbursible under the orders of the District Legal Service Authority or Taluk Legal Service Committee in case the matter settled, before the Adalat or under the orders of a Civil Court or this Court or in the final disposal of the case. 5. Conditions 1 to 3 shall be valid till the petitioners apply for regular bail. B.A.No.9235/2011, as regards petitioners 12 and 13 shall stand dismissed. P.S.GOPINATHAN, JUDGE su