IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Bail Appl..No. 3819 of 2008() ----------------------------- CRIME NO.362/08 OF THALASSERY POLICE STATION PETITIONER --------------------------- K.RAMESHAN, AGED 42 YEARS, S/O. CHATHU,, CHAITHANYA, P.O. KADIROOR THALASSERY THALUK KANNUR DISTRICT. BY ADV. SRI.M.P.VIJAYAN RESPONDENTS: ------------- S.H.O. THALASSERY POLICE STATION KANNUR DISTRICT,REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3819 of 2008 ----------------------------------------- Dated this the 16th day of June, 2008 O R D E R This petition is for anticipatory bail. 2. A crime is registered against the petitioner under Sections 420 and 403 of Indian Penal Code. According to prosecution, a loan of Rs.13 lakhs was taken from the Bank by the petitioner during 2004, to run an industrial unit and he repaid only Rs.6 lakhs. The balance amount is not paid and hence on a complaint lodged, a crime is registered against the petitioner. 3. On hearing both sides, it is clear that there is breach of the terms of an agreement in repaying the amount. According to petitioner, he could not repay the amount because of the financial stringency. On the facts and circumstances of this case, I find that suitable direction can be given. In the result, the following order is passed: i) Petitioner shall surrender before the investigating officer within ten days from today and make himself available for interrogation and co-operate with the investigation. ii) If the petitioner is arrested, he shall be produced before the Magistrate Court concerned, in accordance with law. BA.3819/08 2 iii) On production before the Magistrate Court, if any bail application is filed, petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court on the following terms and conditions: (a) Petitioner shall report before the investigating officer as and when directed by him and co-operate with the investigation. (b) Petitioner shall not leave the limits of the police station within which the crime is registered, except with the previous permission of the Magistrate Court. This petition is allowed. K.HEMA, JUDGE vgs.