IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1290 of 2008() ----------------------------- CRIME 493/07 OF KILIKOLLOOR POLICE STATION PETITIONER/ACCUSED: ------------------------------------ NATARAJAN, KIZHAKKEVILA, MEKKU VEEDU, MANGAD P.O., KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, KOLLAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 1290 OF 2008 ```````````````````````````````````````````````````` Dated this the 3rd day of March, 2008 O R D E R Application for anticipatory bail. Petitioner faces allegations in a crime registered alleging offences punishable under section 420 IPC. Crime has been registered on the basis of a private complaint filed by the de facto complainant. The de facto complainant is the sister-in-law of the petitioner herein. The crux of the allegations is that while the parties were continuing business as a partnership firm, certain amounts received by the petitioner on behalf of the partnership firm has not been duly accounted or distributed among members. 2. The learned counsel for the petitioner submits that there is absolutely no worthwhile allegations against the petitioner. A suit for accounting ought to be filed by the de facto complainant. There is no merit whatsoever in the allegation that the petitioner has committed offence of BA.1290/08 : 2 : cheating. 3. The learned Public Prosecutor does not oppose the application and I am satisfied that anticipatory bail can be granted to the petitioner. In the absence of the opposition by the learned Public Prosecutor, I am not adverting to the facts in any greater detail in this order. 4. 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 10.3.2008. 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. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 5 p.m on 11.3.2008 and 12.3.2008. During this period, BA.1290/08 : 3 : 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, on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month 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 10.3.2008, 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 10.3.2008. (R.BASANT, JUDGE) aks