Reghunatha Pillai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 Bail Appl..No. 7527 of 2015 () ------------------------------- CRIME NO. 1696/2015 OF MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT --------------------- PETITIONER(S)/ACCUSED NO.: 1 TO 4:

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1. REGHUNATHA PILLAI, AGED 54 YEARS, S/O.LATE KUNJU PILLAI, PARAKKATTU VADAKKATHIL, KALLIMEL P.O., MAVELIKKARA.

2. SUNIL KUMAR, AGED 39 YEARS, S/O.LATE JANARDHANAN NAIR, SUNIL BHAVANM, PARAKKULANGARA, VETTIYAR.

3. MURALEEDHARAN NAIR, AGED 47 YEARS, S/O.LATE JANARDHANAN NAIR, PATTARAYYATHU EDAPPON.

4. OMANAKKUTTAN NAIR, AGED 60 YEARS, S/O.GOPALAN NAIR, RATHEESH BHAVANM, CHETTIKULANGARA.

BY ADV. SRI.E.G.GORDEN RESPONDENT(S)/COMPLAINANT:

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN-682 031.

*ADDL.R2 IMPLEADED *ADDL.R2: SANAKARA NARAYANAN, AGED 64 YEARS, S/O. RAGHAVAN NAIR, KUTTIYIL VEEDU, KALLIMEL MURIYIL, MAVELIKKARA, ALAPPUZHA.

*ADDL.R2 IS IMPLEADED AS PER ORDER DATED 04/12/2015 IN CRL.M.A.NO.11343/2015.

R1 BY PUBLIC PROSECUTOR SMT. T.Y.LALIZA ADDL.R2 BY ADVS. SRI.A.RAJASIMHAN SRI.K.NIRMALAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

A. HARIPRASAD, J.

----------------------------- Bail Appl. No.7527 of 2015 -------------------------------------------- Dated this the 4th day of December 2015

O R D E R

Bail application filed under Sec.438 Cr.P.C.

2. Petitioners are accused nos.1 to 4 in Crime No.1696 of 2015 of Mavelikkara Police station registered for the offences punishable under Secs.379, 381, 409 and 411 read with Sec.34 of the Indian Penal Code. Petitioners are the employees under the defacto complainant, who runs a hardware shop consisting of electrical and plumbing implements. It is the prosecution case that the petitioners, while working in the shop, have stolen articles and handed over the same to the 5th accused, on many occasions from 2013 to 17th October 2015.

3. Heard the learned counsel for the petitioners, counsel for the defacto complainant and the learned Public Prosecutor.

4. Learned counsel for the petitioners submitted that the petitioners, being the employees of the defacto complainant, tried to form a union. About 30

Bail Appl. No.7527 of 2015 2 persons are working under the defacto complainant. Due to spite and ill will, the petitioners are falsely implicated in this case.

5. Learned counsel for the defacto complainant opposed the bail application. It is contended that the case diary statements of three auto rickshaw drivers who usually carried the stolen articles to various places will reveal the falsity of the petitioners in this case.

6. Learned Public Prosecutor also opposed the bail application. It is submitted that a portion of the stolen articles had been recovered from the possession of the 5th accused.

Considering the materials in the case diary, I am of the view that custodial interrogation of the petitioners may be necessary in this case. Hence, following directions are issued.

The petitioners shall surrender before the Investigating Officer within a period of two weeks from today and submit themselves for interrogation.

After questioning, the

Bail Appl. No.7527 of 2015 3 Investigating Officer shall produce the petitioners before the learned Magistrate having jurisdiction on the date of surrender itself. Thereafter, the petitioners are free to move for bail before the learned Magistrate and in that event, the learned Magistrate may consider the application on merits if possible on the date of surrender itself. If the petitioners do not surrender before the investigating officer as directed, the investigating officer is free to arrest them after the stipulated period. Sd/- A. HARIPRASAD JUDGE / True Copy / NS/04/12/2015 P.A. To Judge