~ ~ ~ ~ ~ ~ Petition under Section 438 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 in Crime No.1375/2014 of the Puthencruz Police Station registered for the offences punishable under Sections 381 and 411 read with Section 34 IPC.
3. The allegation against the petitioners is that the 1st petitioner, who was entrusted with the job of purchasing 60 barrels of tar for the MEC Engineering Company, purchased the same from B.P.C.L., Ambalamugal and out of it, committed theft of 14 barrels and sold the same with the assistance of A2, A3, and A4, to A5.
4. Heard the learned counsel for the petitioners, learned counsel for the Managing Director of MEC Engineering Company and the learned Public Prosecutor.
5. The learned counsel for the Managing Director of MEC Engineering Company submits that the company has no case that they have lost any tar purchased by them and that the entire quantity of tar purchased by the 1st petitioner for the Company has been received by the Company. When they have no case of any theft of their property, this Court is of the view that there is no reason to deny anticipatory bail to the petitioners in this case.
6. In the result, this bail application is allowed and the investigating officer or such other police officer, who is conducting the arrest of the petitioners, is directed to enlarge the petitioners on bail in the event of their arrest on each of them executing a bond for `25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting arrest, and subject to the following terms and conditions:-
(i) The petitioners shall not tamper with the evidence or influence witnesses.
(ii) The petitioners shall make themselves available for interrogation as and when required by the investigating officer.
(iii) The petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/20/11 // True Copy // PA to Judge