IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6204 of 2006()
1. DR.PHILIP POULOSE,
... Petitioner
2. SRI.V.P.JOSEPH,
3. SRI.N.A.POULOSE,
4. SRI.P.G.JOSEPH, S/O.GEORGE,
5. SRI.P.A.JOSEPH, S/O.ANTONY,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice J.M.JAMES
Dated :18/10/2006
O R D E R
J.M.JAMES, J.
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B.A.Nos. 6204/2006 & 6333/2006
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DATED THIS THE 18TH DAY OF OCTOBER, 2006
O R D E R
The petitioners are before this Court praying
for a pre-arrest order, as they apprehend arrest in crime
No.7/2006 of Vigilance and Anti Corruption Bureau,
Thrissur, for the offence punishable under Sections 13(2)
read with Section 13(1)(d) of the P.C.Act. (Prevention of
Corruption Act, 1988).
2. It is alleged that the petitioners had collected
money from the incumbents, who had been appointed in
Nirmala School at Kundukadu, Thrissur, being managed
by the petitioners and another. On the complaint, the
crime had been registered.
3. Accused Nos. 2 to 6 are the petitioners in
B.A.No.6204/2006 and the first accused is the petitioner in
B.A.No.6333/2006.
4. The counsel for the petitioners submit that the
contributions received are receipted and accounted in the
B.A.Nos. 6204/2006 & 6333/2006
2
building fund of the school and the contributions were
voluntary. There is no personal gain and the acts of the
petitioners do not come within the ambit of Section 13
(1)(d) of the P.C.act, submits the counsel.
5. I heard the arguments advanced by the
learned Director General of Prosecution. I had also gone
through the facts that are available in the file of the
Investigating Officer of Vigilance and Anti Corruption
Bureau, Thrissur. On analysing the facts that are placed
before me, I direct the petitioners to appear before the
Investigating Officer on 30.10.2006 between 10.00 a.m
and 10.30 a.m.
6. The Investigating Officer shall interrogate the
petitioners and in the event of their arrest, they shall be
released on bail, on each one of them executing a bond
for Rs.20,000/-, with two solvent sureties, each for the
like sum, to the satisfaction of the Investigating Officer,
arresting them.
7. The petitioners shall report before the
investigation Officer, as and when required, for the
B.A.Nos. 6204/2006 & 6333/2006
3
purpose of the completion of investigation.
The applications are disposed of as above.
J.M.JAMES
JUDGE
mrcs