IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 Bail Appl..No. 4925 of 2009() --------------------------------------- CRIME NO.319/2009 OF KOTTAYAM WEST POLICE STATION PETITIONER/ACCUSED: -------------------------------------- SANTHOSH NAIR, AREA COLLECTION MANAGER (ACM),BAJAJ AUTO FINANCE LATD.,4TH FLOOR, MANJOORAN BUILDING, EDAPPALLY, COCHIN. RESIDING AT FLAT NO.108,SHANTHI PAVANA, KADAVANTHRA SOUTH, COCHIN-682 020. BY ADV. SRI.M.K.HARIKUMAR RESPONDENTS/COMPLAINANTS: --------------------------------------------------- 1. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------- B.A.No.4925 of 2009 ---------------------------- Dated this the 15th day of September, 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 second accused in Crime No.319 of 2009 of Kottayam West Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that the petitioner is the Area Collection Manager of Bajaj Auto Finance Ltd. and as authorised, the petitioner has only repossessed the vehicle, namely, a motor bike. It is submitted that the ingredients of Section 379 are not made out. Counsel also submitted that after repossessing the vehicle, information was given to the police about the same. The counsel also showed me photocopy of a letter allegedly signed by the defacto complainant issued in favour of the financier stating that if the amounts due are not paid within ten days, the financier would be entitled to sell the vehicle. 4. Taking into account the facts and circumstances of the B.A.No.4925/ 2009 2 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 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 report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, 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) 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 scm