IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Bail Appl..No. 4413 of 2008() -------------------------------------- CRIME NO.502/2008 OF KANNUR POLICE STATION PETITIONER /2ND ACCUSED :- ------------------------------------------ KUNHAMBU K. ,AGED 67 YEARS, S/O KUNJIRAMAN, HOUSE NO. 38/627,EDAKKAD P.O., PUTHIYANGADI, KOZHIKODE DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT : --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4413 of 2008 --------------------------------------- Dated this the 21st day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 120B, 403, 406 and 420 read with Section 34 of IPC. According to the prosecution, a charitable trust, of which, the petitioner was the Chairman on the date of occurrence, offered shares and the defacto complainant took 900 shares for an amount of Rs.1,35,900/- from the Trust. The shares were offered on the promise that the amount will be returned after 1½ years. But, despite lapse of more than 1½ years, the amount was not returned. The money was misappropriated and the defacto complainant was cheated by false representations etc. 3. Learned counsel for the petitioner submitted that the petitioner has resigned from the Trust. But, learned public prosecutor pointed out that it was only after the relevant period. The alleged offence was committed in December 2006. However, BA No.4413/08 2 it is also submitted by him that he has no objection in granting anticipatory bail provided the petitioners surrenders and co- operate with the investigation for interrogation. Hence, the following order is passed: (1) The petitioner shall surrender before the Investigating Officer within one week from the date of this order and make himself available for interrogation. (2) Thereafter, in the event of arrest, if any, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that the petitioner shall co-operate with the investigation and report before the Investigating Officer as and when directed. The petition is allowed. K.HEMA, JUDGE csl