IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Bail Appl..No. 2018 of 2008() ----------------------------- CMP.1182/2008 of JUDL.M.F.C.-I,ERNAKULAM CRIME 274/08 OF PALARIVATTOM POLICE STATION .................... PETITIONER/ ACCUSED ------------------------ VARGHESE JOHN @ PRADEEP, AGED 32 S/O.P.V.JOHN, KAKKANATTU VEETTIL, SHM KARA PERUMBAIKADU VILLAGE, KOTTAYAM DIST. NOW RESIDING AT HARI'S VEETTIL EAST NATTASSERI BHAGAM, KOTTAYAM DIST. BY ADV. SRI.JUDE B.ALEX RESPONDENTS: COMPLAINANT ------------------------ S.I. OF POLICE PALARIVATTOM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2018 OF 2008 ```````````````````````````````````````````````````` Dated this the 2nd day of April, 2008 O R D E R Application for regular bail. Petitioner faces allegations in a crime registered for alleging offences punishable, inter alia, under sections 408 and 420 IPC. The alleged incident took place on 13.3.08. The petitioner is the driver of the de facto complainant. The de facto complainant had entrusted an amount of Rs.4,18,808/- as also a cheque leaf with the petitioner, his driver, for remittance in the bank. The petitioner did not remit the amounts. He misappropriated the said amounts. He made himself scarce and started absconding. Crime was registered. The petitioner was arrested on 18.3.08. He continues in custody from that date. Part of the booty has been recovered. Investigation is not complete. Final report has not been filed. 2. The learned counsel for the petitioner prays, the BA.2018/08 : 2 : learned Public Prosecutor does not oppose the said prayer on condition that the investigating officer is granted reasonable further time to complete the investigation and I am satisfied that regular bail can be granted to the petitioner subject to appropriate conditions. The learned Public Prosecutor further reports that it may be ensured that the petitioner shall be available for trial as it is revealed that there was an attempt on the part of the petitioner to abscond and take up residence in some remote place without revealing the details to anyone after the commission of the offence. 3. In the result, this petition is allowed. The petitioner shall be enlarged on bail on the following terms and conditions: i) The petitioner shall not be released on bail on the strength of this order prior to 11.4.08. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. ii) He shall execute a bond for Rs.1,00,000/- (Rupees BA.2018/08 : 3 : one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. iii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months from the date of his release and thereafter as and when directed by the investigating officer in writing to do so. iv) The petitioner shall furnish to the investigating officer the address of his place of residence within seven days of his release from custody and thereafter he shall keep the investigating officer informed of any further change of such address during the pendency of the case against him. (R.BASANT, JUDGE) aks