IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 22^ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 BAIL APPL. NO. 360 OF 2022 CRIME NO.38/2022 OF MANNARKKAD POLICE STATION, PALAKKAD DISTRICT PETITIONER/ACCUSED NO.1:

RADHAKRISHNAN AGED 55 YEARS S/O NARAYANAGUPTHAN, KUNNATH HOUSE, ARAKKURISSI, MANNARKKAD P O, PALAKKAD DISTRICT, PIN-678 582.

BY ADV BABU S. NAIR RESPONDENTS/STATE & COMPLAINANT:

1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-682 031.

2 THE STATION HOUSE OFFICER, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT, PIN - 678 582.

BY SMT.SEETHA.S (SR.PUBLIC PROSECUTOR)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

22.02.2022, ALONG WITH Bail Appl..410/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 22^ND DAY OF FEBRUARY 2022 / 3RD PHALGUNA, 1943 BAIL APPL. NO. 410 OF 2022 CRIME NO.38/2022 OF MANNARKKAD POLICE STATION, PALAKKAD DISTRICT PETITIONERS/ACCUSED NOS.2, 4, 5 & 6:

1 T.ABDUL SALAM, AGED 62 YEARS S/O. ABDURAHIMAN MOULAVI, THONIYIL HOUSE, THENKARA P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN – 678 582.

2 MUSTHAFA VARODAN, AGED 48 YEARS, S/O. HASSAINAR, VARODAN HOUSE, PAYYANADAM P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN – 678 583.

3 MUHAMMED @ CHERUTTY, AGED 50 YEARS S/O. HAMZA, MANJALINGAL HOUSE, THRIKALOOR P.O., CHIRAKKALPADI, MANNARKKAD, PALAKKAD DISTRICT, PIN - 678 593.

4 BASHEER THEKKAN, AGED 48 YEARS, S/O. MUHAMMED, THEKKAN HOUSE, KATTUKULAM, ALANALLUR P.O., MANNARKKAD, PALAKKAD DISTRICT, PIN – 678 601.

BY ADV BABU S. NAIR RESPONDENTS/STATE & COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 682 031.

2 THE STATION HOUSE OFFICER, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT, PIN – 678 582.

BY SMT. SEETHA.S (SR.PUBLIC PROSECUTOR)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

22.02.2022, ALONG WITH Bail Appl..360/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

These are applications for anticipatory bail.

2. Petitioners are the accused in Crime No.38 of 2022 of Mannarkkad Police Station, Palakkad District, alleging commission of offences under Sections 464, 468 and 471 read with Section 34 of the Indian Penal Code. The petitioner in Bail Application No.360 of 2022 is the 1^st accused, while the petitioners in Bail Application No.410 of 2022 are accused Nos.2, 4, 5 and 6.

3. The de-facto complainant was elected as the President of the Mannarkkad Block Panchayat. It is submitted that the Mannarkkad Block Panchayat consists of 18 members, out of which 12 members belong to the UDF and 6 members belong to the LDF. It is submitted that the de-facto complainant was a member of the Muslim League. It is submitted that 11 out of the 12 members forming the UDF in the Block Panchayat had moved a motion of no confidence against the de-facto complainant, which was to be taken up on 20.11.2021. It is submitted that the de-facto complainant took up the matter with the State Leadership of the Muslim league and agreed that she would resign on 20.12.2021, if the no confidence motion against her was withdrawn. It is submitted that she also submitted a attested resignation letter to the State Secretary of the Muslim League, following which the no confidence motion was withdrawn. It is submitted that since a new no confidence motion could be taken up only after 6 months, the de-facto complainant, who is also stated to be a practicing Advocate sent a communication to the 1^st accused, who is the Secretary of the Block Panchayat, stating that no action should be taken on any resignation letter purportedly made by her, as she has not executed any resignation letter. The 1^st accused, thereafter, received the resignation letter of the de-facto complainant expressing her desire to resign as President of the Block Panchayat with effect from 20.12.2021. On account of th