IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 Bail Appl..No. 431 of 2008() ---------------------------- CRMP.5/2008 of DISTRICT COURT, KOTTAYAM CRIME NO.684/2007 OF KOTTAYAM EAST POLICE STATION ................... : PETITIONER/ACCUSED ----------------------------------- P.G.RADHAKRISHNAN NAIR, AGED 50 YEARS, H.C.K. 4249, NARCOTIC CELL, KOTTAYAM, PUTHENPURACKAL HOUSE, MADAPPALLY HOUSE. BY ADV. SRI.JOSEKUTTY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.431 of 2008 ---------------------------------------- Dated this the 29th day of January 2008 O R D E R Application for anticipatory bail. The petitioner, a police constable, faces allegations under Section 409 I.P.C. The crux of the allegations against the petitioner is that he had collected an amount of Rs.6,426/- which was due to his police station from the District police office. He allegedly did not remit the said amount which he had collected at the police station. The amount was withdrawn and came into the hands of the petitioner on 19/7/2007 allegedly. On 16/10/2007, money memo etc. (documents to show collection of the amount) were delivered to the police station; but still the amounts were allegedly not paid. Long later, the F.I.statement was lodged on 15/12/2007 and the crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It was not a case where the petitioner did not offer the amounts promptly to the Station Writer. Amount was collected on 19/7/2007 and it was paid to the Station Writer on the same day. Unfortunately he has not B.A.No.431/08 2 made the necessary entries and kept the amounts with himself. The learned counsel for the petitioner submits that this is evident from the facts that on 16/10/2008, it is claimed that, the necessary documents without the requisite cash were handed over to the Station Writer who made the relevant entries in the register. The learned counsel for the petitioner submits that in these circumstances the attempt is to save the Station Writer of blame and place the blame on the doors of the petitioner. It is in these circumstances prayed that anticipatory bail may be granted to the petitioner to avoid any unnecessary disputes. The petitioner is willing to deposit an amount of Rs.6,426/- at the police station under protest without prejudice to his contentions on condition of granting an anticipatory bail, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor submits that a serious view has liable to be taken considering the fact that the alleged culpable indiscretion is committed by none other than a Police Constable. The learned Public Prosecutor submits that the State, however, does not have objection against grant of anticipatory bail to the petitioner subject of course to appropriate terms and conditions. B.A.No.431/08 3 4. Having considered all the relevant inputs, I am satisfied that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 11/02/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate and also produces before the learned Magistrate receipt to show that an amount of Rs.6,426/- (Rupees six thousand four hundred and twenty six only) has been remitted before the Kottayam East police station. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 12/02/2008 and 13/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the B.A.No.431/08 4 petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 11/02/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 11/02/2008. (R.BASANT, JUDGE) jsr B.A.No.431/08 5 B.A.No.431/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007