IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Bail Appl..No. 6598 of 2009 CRIME NO.228 OF 2009 OF RAJAKKAD POLICE STATION, IDUKKI PETITIONER/1ST ACCUSED ------------------------------------------ ANOOP RAMAKRISHNAN, S/O. RAMAKRISHNAN, AGED 27 YEARS, PARAKALAYIL HOUSE, BISONVALLEY KARA, BISON VALLEY VILLAGE. BY ADV. SRI.SUMAN CHAKRAVARTHY SMT.K.R.RIJA RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6598 OF 2009 ------------------------------------------------------ Dated this the 13th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.228 of 2009 of Rajakkad Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The prosecution case is that on 14.10.2009 at 11.30 PM, the accused persons stealthily removed the pipe line laid by the panchayat to the colony of tribals. It is stated in the First Information Statement that the de facto complainant saw some persons removing the pipes. The people in the Tribal Settlement Colony were informed by the de facto complainant. A jeep was lying on the road. The people from the Tribal Settlement Colony came and took the key of the jeep. The accused persons entered into the jeep and took the jeep towards the lower side and even without the key, they managed to start the vehicle and they escaped. The matter was B.A. NO. 6598 OF 2009 :: 2 :: reported to the police and the crime was registered. It is alleged that this is the pipe line through which water is supplied to the colony of tribals. 4. Learned counsel for the petitioner submitted that the petitioner is a cardamom planter. He has seven acres of cardamom plantation. He was coming back from his plantation during night along with his workers. At that time, he saw that certain pipes were put across the pathway. He tried to remove the pipes. At that time, Muthuvans in the Tribal Settlement Colony, who were hiding in the neighbourhood, came out from their hide out and prevented the petitioner and others from going from the place. The incident alleged, according to the petitioner, is absolutely false. According to the petitioner, this case is foisted against him on account of the rivalry of Muthuvans in the Tribal Settlement Colony towards the petitioner on the ground that they were not provided job in the estate of the petitioner. 5. On a consideration of the facts and circumstances of the case, prima facie, a case is made out against the petitioner. At present, it is not necessary to decide as to whether the case put B.A. NO. 6598 OF 2009 :: 3 :: forward by the prosecution or whether the case put forward by the first accused is true. Such a finding could be arrived at only after taking evidence and only after considering all the materials, evidence and documents. A premature finding on such question would cause prejudice either to the prosecution or to the defence. While disposing of an application for anticipatory bail, as held by the Supreme Court, it is not proper to decide the disputed questions of fact. 6. As pointed out earlier, prima facie, there are materials to indicate that the petitioner is involved in the offence alleged. The offence alleged is serious in nature. The affected parties are the tribals of the Tribal Settlement Colony. In these circumstances, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure could be granted in favour of the petitioner. If anticipatory bail is granted to the petitioner, it would affect the proper and smooth investigation of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/