IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 3697 of 2009() ----------------------------- CRIME NO.764/2008 OF KOTTAYAM WEST POLICE STATON. .................... PETITIONER/ACCUSED -------------------------------------- K.P. KARUNAKARAN NAIR, AGED 67 YEARS, S/O.PADMANABHAN NAIR, RESIDING AT RATHEESH BHAVAN, MANARCADU P.O.,KUZHIPURAYIDOM BHAGAM, KOTTAYAM DISTRICT. BY ADV. SRI.MATHEW PHILIP EDAPPALLIL RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADDL. 2ND RESPONDENT : 2. S.SOMARAJAN, ADVOCATE KUDAKKASSERIL CENTRE LOGOS JUNCTION, CIVIL STATION (PO) KOTTAYAM. IMPLEADED AS ADDITIONAL 2ND RESPONDENT VIDE CRL.M.A.NO.4026/2009 PUBLIC PROSECUTOR SRI.TEKCHAND SRI.SARVOTHAMAN FOR ADDL.R2 THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.3697 of 2009 --------------------------------------------- Dated this the 29th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.764 of 2008 of Kottayam West Police Station. 2. The offences alleged against the petitioner are under Sections 406, 420, 467, 468 and 417 of the Indian Penal Code. 3. The petitioner is an advocate clerk aged more than 65 years. The defacto complainant is an advocate practicing at Kottayam under whom the petitioner was working as clerk. It is submitted by the learned counsel for the petitioner and the learned counsel appearing for the defacto complainant that a part of the disputes could be settled between the parties and efforts are going on to settle the disputes. 4. Taking into account the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. BA No.3697/2009 2 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.15,000/- 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 csl