IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 Bail Appl..No. 3064 of 2009(A) ----------------------------- CRIME NO.748/2008 OF CHERTHALA POLICE STATION. PETITIONER/ACCUSED NO.3 : -------------------------------------------- RAVEENDRAN,AGED 66 YEARS, S/O. NARAYANAN, PUTHUPPARAMBIL HOUSE, THIRUNALLOOR P.O. PALLIPPURAM, CHERTHALA. BY ADV. SRI.B.PRAMOD RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3064 of 2009 ------------------------------------ Dated this the 11th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the 3rd accused in Crime No.748/2008 of Cherthala Police Station. 2. The offences alleged against the petitioner are under Sections 406 & 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that amounts were collected from the local people to the festival fund of a temple on a promise that interest will be paid at high rate. The petitioner is the Secretary of the Festival Committee. It is alleged that the amount was not repaid. It is further alleged by the defcato complainant that on repeated requests, the Festival Committee agreed to repay the amount. However, the amount was not paid. The learned counsel for the petitioner submitted that though it was agreed to repay the amount, it could not be complied with as promised. The Treasurer of the Festival Committee committed suicide. The B.A. No.3064 /2009 2 counsel for the petitioner submitted that the petitioner is aged 66 years and he is not criminally liable. It is also stated that if the petitioner is arrested and detained, he would be put to untold misery and great hardship. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M. on all Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. B.A. No.3064 /2009 3 D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail. F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm