IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 Bail Appl..No. 8895 of 2011() ----------------------------------- IN CRIME NO.371/2011 OF NENMARA POLICE STATION PETITIONER(S): ----------------------- ABDUL RAHMAN.M., AGED 39 YEARS, S/O.MOHAMMED MOIDEEN, KUNNATHRA,AYILOOR, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKETESH RESPONDENT(S): ------------------------- 1. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SUB INSPECTOR OF POLICE, NENMARA POLICE STATION, NENMARA, PALAKKAD.678 505. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------- B.A.No.8895 of 2011 --------------------------- Dated this the 30th day of November, 2011 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 sole accused in Crime No.371 of 2011 of Nenmara Police Station. 2. The offence alleged against the petitioner is under Section 409 of the Indian Penal Code. 3. When the Bail Application came up for admission on 19th November, 2011, the following order was passed: “3. The prosecution case is that while working as a UD clerk in Ayiloor Grama Panchayath, the petitioner misappropriated a sum of ` 22,891/-. 4. The learned counsel for the petitioner submitted that the petitioner is a physically challenged person and if he is B.A.No. 8895 OF 2011 2 remanded to judicial custody, he would be put to great hardship. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 24th and 25th November, 2011. 6. Post on 30th November, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.371 of 2011 of Nenmara Police Station, till 2.12.2011. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner that the direction in the order dated 19th November, 2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 19th November, 2011 B.A.No. 8895 OF 2011 3 has been complied with by the petitioner, 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 police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M and 11 A.M on alternate Sundays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. e) The petitioner shall cooperate with the investigating officer in the matter of investigation. f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.No. 8895 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms