IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 3208 of 2009 CRIME NO.24 OF 2009 OF CONTONMENT POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/ACCUSED -------------------------------------- S.V.BALAKRISHNAN NAIR,HOUSE NO.24, BLESSING,HEADS LANE,PALAYAM, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CONTONMENT POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3208 OF 2009 ------------------------------------------------------ Dated this the 16th June, 2009 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.24 of 2009 of Contonment Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Sections 403, 405, 409 and 418 of the Indian Penal Code. 3. The gist of the allegation against the petitioner is that the petitioner, while acting as the Deputy Manager of the State Bank of Travancore, had drawn amounts from his personal loan account in excess of the sanctioned amount. It is stated that the entire amount was repaid. On enquiry, it was found that the petitioner has committed irregularities and he was removed from service. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 B.A. NO. 3208 OF 2009 :: 2 :: police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/