IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 429 of 2008() ---------------------------- CRIME NO. 8/08 OF PERINGOME POLICE STATION PETITIONER/2ND ACCUSED: ---------------------------------------- ABRAHAM @ KUNJUKUNJU, S/O. AGASTHY, AGED 40 YEARS, KARAKKAT, THAIENI P.O. BY ADV. SRI.R.T.PRADEEP RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 429 OF 2008 ------------------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for anticipatory bail. The petitioner is the 2nd accused. Altogether, there are two accused persons. The 1st accused is an employee of the de facto complainant. The 1st accused allegedly owed amounts to the petitioner – the 2nd accused. The allegation is that to repay the amounts payable to the petitioner herein, the 1st accused decided to commit theft of copra from the possession of his employer on the night of the date in question. The 1st accused allegedly removed the copra from the building of his employer by resort to deceitful means. The petitioner had allegedly come to the scene with his vehicle. Before the 1st accused could load the copra into the petitioner's vehicle, the plan failed and the theft was not completed. The 1st accused has already been arrested. B.A. No. 429 OF 2008 -: 2 :- Investigation is in progress. The petitioner apprehends imminent arrest. 2. According to the petitioner, he is absolutely innocent. Even if the 1st accused had committed any offence, it cannot likely be assumed that he had committed the offence at the instance of the petitioner. In any view of the matter, there is absolutely no need now to insist on arrest and custodial interrogation of the petitioner. The petitioner shall co-operate with the Investigator. Subject to any appropriate terms and conditions the petitioner may be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. In the facts and circumstances of this case, I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned B.A. No. 429 OF 2008 -: 3 :- Magistrate having jurisdiction at 11 a.m. on 1-2-2008. He shall be released on regular bail on his executing a bond for Rs.50,000/- 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 3 p.m. on 2/2/08 and 4/2/08. During this period the Investigator shall be at liberty interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of one month. Subsequently, he shall so make himself available for interrogation before the Investigating Officer 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 B.A. No. 429 OF 2008 -: 4 :- if these directions were not issued at all; (iv) If the petitioner were arrested prior to his surrender on 1-2-08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 1-2-08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge