IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2136 of 2008() ----------------------------- [CRIME NO.241/07 OF NADAKKAVU POLICE STATION] : PETITIONER/ACCUSED NO.7 ---------------------------------------- ALIYAMMA JOHN, W/O.JOHN, AGED 60 YEARS, OOTTUKALATHIL PENIEL HOUSE, THUVAYUR, KADAMBANAD, PATHANAMTHITTA. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE STATION HOUSE OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2136 of 2008 ---------------------------------------- Dated this the 7th day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the seventh accused. She is the mother-in-law of the principal accused, that is the first accused. The crux of the allegations is that a lorry load of rubber sheets entrusted by the MRF at Calicut to transport to their depot at Kottayam had been misappropriated and taken away by the accused persons. I have adverted to facts in detail in the order dated 08/10/2007 in B.A.No.5892/07 and order dated 30/10/2007 in B.A.No.6555/07. The petitioner has no contumacious or culpable role admittedly in the commission of the offence of theft. Even the allegations against her is only that the thieved/misappropriated rubber sheets were taken by her son-in-law to her premises and the said consignment of rubber sheets was kept there for a few days. The investigation is in progress. The petitioner apprehends imminent arrest. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.2136/08 2 i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15/04/2008. She shall be released on regular bail on condition that she 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 herself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 16/04/2008 and 17/4/2008. During this period, 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 the petitioner shall so appear 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 her in accordance with law, as if these directions were not issued at all. (iv) If she were arrested prior to 15/04/2008, she shall be released from custody on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2136/08 3 B.A.No.2136/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007