IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Bail Appl..No. 7816 of 2007() ----------------------------- CRIME NO.292/07 OF MUNDAKKAYAM POLICE STATION PETITIONERS/ACCUSED --------------------------- JAYAKRISHNAN, MANAGING DIRECTOR, M/S. PIONEER BAKERIES PVT. LTD., MILKA JUNCTION, NO.52, POONDURAI ROAD, ERODE-638 002. BY ADV. SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN RESPONDENTS: STATE ------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7816 of 2007 ---------------------------------------- Dated this the 3rd day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered at the Mundakkayam police station inter alia under Sections 420 and 471 I.P.C. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The crux of the allegations in the complaint is that though the petitioner had transferred 750 shares of hers in the Pioneer Bakeries Pvt.Ltd, fraudulently it has been shown that 950 shares have been transferred. According to the petitioners, she has not transferred 200 shares. Such share certificates are still available with her. Her signatures have been forged to make it appear that she has transferred 950 shares and not 750 shares alone. In the complaint, no mention has been made about the transfer of 750 shares; but the counsel who has entered appearance on behalf of the de facto complainant before me in the bail application confirmed that there has been transfer B.A.No.7816/07 2 admittedly of 750 shares of the de facto complainant to the petitioner herein. The petitioner apprehends imminent arrest. The petitioner had gone before the High Court of Madras and had obtained orders of anticipatory bail directing him to approach the concerned court having jurisdiction to grant anticipatory bail within a stipulated period. On the basis of such direction, the petitioner has come before this court and filed this petition. 2. The learned counsel for the petitioner submits that it is absolutely incorrect to say that only 750 shares and not 950 shares have been transferred by the de facto complainant to the petitioner. The transfer has been approved by the Company Law Board. In any view of the matter, it is very evident that the signature of the de facto complainant for transfer of all the 950 shares is not forged and is genuine. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigating officers are contemplating the transfer of the case to the police at Erode, within the jurisdiction of which police station the alleged offence appears to have been committed. B.A.No.7816/07 3 4. Be that as it may, I am satisfied that, considering all the relevant circumstances, the petitioner can be granted anticipatory bail subject of course to appropriate conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 5. At this early stage of investigation, I shall not embark on a more detailed discussion on merits about the acceptability of the allegations or the credibility of the data collected. 6. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17/01/2008. He shall be released on regular bail on condition that he executes a bond for Rs.1,00,000/-(Rupees one lakh only) 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 18/01/2008 and 19/01/2008 and thereafter as and when directed by the investigating officer in writing to do so. B.A.No.7816/07 4 (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 if these directions were not issued at all. (iv) If he were arrested prior to 17/01/2008, he shall be released from custody on his executing a bond for Rs.1,00,000/- (Rupees one lakh only) without any sureties, undertaking to appear before the learned Magistrate on 17/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7816/07 5 B.A.No.7816/07 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007