High Court Kerala High Court

M.V.Valsalan vs State Of Kerala on 26 March, 2010

Kerala High Court
M.V.Valsalan vs State Of Kerala on 26 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 6858 of 2009()


1. M.V.VALSALAN, AGED 59 YEARS,
                      ...  Petitioner
2. M.V.PRATEESH KUMAR, AGED 30 YEARS,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DEPUTY SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.K.C.PETER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :26/03/2010

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                  B.A. NOS.6858 & 6872 OF 2009
              ------------------------------------------------------
              Dated this the 26th day of March, 2010


                                 O R D E R

These are applications for anticipatory bail under Section 438

of the Code of Criminal Procedure. The first petitioner in

B.A.No.6858 of 2009 is accused No.8 in Crime No.79 of 2004 of

Varapuzha Police Station. The petitioner in B.A.No.6872 of 2009 is

accused No.9 in the same crime. It is submitted by the learned

Public Prosecutor that the second petitioner in B.A.No.6858 of 2009,

namely, M.V.Prateesh Kumar is not an accused in the crime.

2. The offences alleged against the petitioners are under

Sections 457, 461, 380 and 411 read with Section 34 of the Indian

Penal Code.

3. The prosecution case is that in 2004, Thaliath Matha

Jewellery at Varapuzha was broke open and accused Nos.1 to 6

committed theft of 3.750 Kgs. of gold ornaments, one kilogram of

silver and Rs.50,000/-. The allegation against accused Nos.8 and 9

is that they received the stolen articles from the other accused.

B.A. NOS.6858 & 6872 OF 2009

:: 2 ::

4. The petitioners are running jewellery shops in

Thaliparamba, Kannur. It is submitted by the learned counsel for the

petitioners that at no point of time earlier, there was any allegation

that the petitioners are involved in receiving stolen properties. It is

submitted that simply because some of the accused have stated that

they had sold the stolen articles in the shops belonging to the

petitioners, the petitioners cannot be harassed by the police contrary

to the directions and circulars issued by the Government from time to

time. It is also pointed out by the learned counsel for the petitioners

that on earlier occasions also, they were directed by the police to

handover gold ingots. It is submitted that under pressure, the

petitioners were compelled to part with gold ingots. It is submitted

that the petitioners have filed applications before the Court for return

of the gold ingots which they had given, stating that they had not

received any stolen property from any person.

5. When the Bail Applications came up for hearing on

23.2.2010, an order was passed directing the petitioners to appear

before the investigating officer on 4th, 5th, 8th and 9th March, 2010.

B.A. NOS.6858 & 6872 OF 2009

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The order passed on 23.2.2010 in B.A.No.6858 of 2009 is extracted

below:

“After having heard the learned counsel for the

petitioners and the learned Public Prosecutor, I am of

the view that before disposing of the Bail Application, an

opportunity should be given to the petitioners to appear

before the investigating officer. Accordingly, there will

be a direction to the petitioners to appear before the
investigating officer at 9 AM on 4th, 5th, 8th and 9th March,

2010. The petitioners shall remain before the

investigating officer till 1 P.M on all these days.

It is submitted by the learned Public Prosecutor

that the petitioners will not be arrested until further

orders in connection with Crime No.79 of 2004 of

Varappuzha Police Station, Ernakulam District.

The petitioners undertake to produce all the

relevant records in respect of the conduct of the

Jewellery as directed to be produced by the

investigating officer.

It is made clear that the direction to appear shall

not be taken as a ground for claiming anticipatory bail as

of right. The question whether the petitioners are

entitled to get anticipatory bail will be considered after

B.A. NOS.6858 & 6872 OF 2009

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the petitioners appear before the investigating officer as

aforesaid.

Post on 15.3.2010.

The petitioners shall produce copy of this order

before the investigating officer.”

6. The petitioners were also directed to produce the relevant

records in respect of the conduct of the Jewellery by them before the

investigating officer. It is submitted by the learned counsel for the

petitioners that the petitioners have complied with the directions.

The learned Director General of Prosecution submitted that the

petitioner in B.A.No.6872 of 2009 appeared on all the dates directed

by the Court, while the first petitioner in B.A.No.6858 of 2009 had

substantially complied with the direction. The learned counsel for

the petitioners submitted that the first petitioner in B.A.No.6858 of

2009 is a heart patient and he had undergone a bypass surgery.

7. The learned counsel for the petitioners submitted that the

petitioners are prepared to co-operate with the investigating officer

and they are prepared to appear before the investigating officer at

B.A. NOS.6858 & 6872 OF 2009

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any time when they are directed to do so. The petitioners are also

prepared to co-operate with the investigation in any manner as

lawfully suggested by the investigating officer. These submissions

are recorded.

8. Taking into account the peculiar facts and circumstances of

the case and the fact that theft was committed in 2004 and all the

other attendant circumstances, I am of the view that anticipatory bail

can be granted to the first petitioner in B.A.No.6858 of 2009 and the

petitioner in B.A.No.6872 of 2009.

9. There will be a direction that in the event of the arrest of the

first petitioner in B.A.No.6858 of 2009 and the petitioner in

B.A.No.6872 of 2009, 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 first petitioner in B.A.No.6858 of 2009 and the
petitioner in B.A.No.6872 of 2009 shall report before the
investigating officer between 9 A.M. and 11 A.M. on
alternate Mondays, till the final report is filed or until
further orders;

B.A. NOS.6858 & 6872 OF 2009

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b) The first petitioner in B.A.No.6858 of 2009 and the
petitioner in B.A.No.6872 of 2009 shall appear before
the investigating officer for interrogation as and when
required;

c) The first petitioner in B.A.No.6858 of 2009 and the
petitioner in B.A.No.6872 of 2009 shall not try to
influence the prosecution witnesses or tamper with the
evidence;

d) The first petitioner in B.A.No.6858 of 2009 and the
petitioner in B.A.No.6872 of 2009 shall not commit any
offence or indulge in any prejudicial activity while on
bail;

e) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.

The Bail Applications are allowed to the extent indicated

above.

(K.T.SANKARAN)
Judge
ahz/