IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 5787 of 2011 CRIME NO.330 OF 2011 OF PAZHAYANNUR POLICE STATION, THRISSUR PETITIONER : ACCUSED NO.1 -------------------------------- VIVIN, AGED 23 YEARS, S/O. LOOKOSE, ALANIKKAL HOUSE, KANAKAKUNNU, P.O. MARYGIRI, UDUMBANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.P.JAYARAM RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5787 OF 2011 ------------------------------------------------------ Dated this the 4th day of August, 2011 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 accused in Crime No.330 of 2011 of Pazhayannur Police Station, Thrissur District. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. The petitioner and the de facto complainant are workers of one Antony Joseph. Antony Joseph is a vegetable dealer. The case of the de facto complainant is that the petitioner took away the bag containing `1,80,000/-, which was the amount collected by sale of the vegetables. It is stated that the amount had to be paid to the employer Antony Joseph. 4. Annexure A2 affidavit was filed by Antony Joseph wherein B.A. NO. 5787 OF 2011 :: 2 :: it is stated that the allegation of theft is not true and he did not lose any amount. 5. When the Bail Application came up for admission on 22nd July, 2011, the following order was passed: “Taking into account the peculiar facts and circumstances of the case and also Annexure-A2 filed by the employer of the petitioner and the de facto complainant, I am of the view that the matter could be resolved by securing the presence of the de facto complainant, the petitioner and Antony Joseph, their employer before the Investigating Officer. 2. Accordingly, there will be a direction to the petitioner to appear before the Investigating Officer on 1st August, 2011 at 10 A.M. The Investigating Officer shall issue notice to the de facto complainant and Antony Joseph to appear before the Investigating Officer on 1st August, 2011 at 10 A.M. 3. The learned Public Prosecutor submitted that the petitioner will not be arrested in connection with Crime No.330 of 2011 of the Pazhayannur Police Station till 4th August, 2011. 4. Post on 4th August, 2011. B.A. NO. 5787 OF 2011 :: 3 :: A copy of this order shall be produced by the petitioner before the Investigating Officer on or before 26th July, 2011.” 6. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 22nd July, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 22nd July, 2011 has been complied with by the petitioner, 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 on his executing bond for `10,000/- (Rupees Ten thousand only) 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 alternate Mondays, for a period of two months; b) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. NO. 5787 OF 2011 :: 4 :: c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 ahz/