IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH SEPTEMBER 2009 / 23RD BHADRA 1931 Bail Appl..No. 5128 of 2009() ----------------------------- CRIME NO.194/CR/EKM/07, EARLIER CRIME NO.249/07 OF NADAKKAVU POLICE STATION, KOZHIKODE PETITIONER : ACCUSED ------------------------------ RAJIV KARTHA, S/O RAMAN KARTHA, SRIVIHAR, ST.MARTIN ROAD, KOCHI-25. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL SRI.P.JAYAKRISHNA KAIMAL RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY DIRECTOR OF POLICE PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5128 OF 2009 ------------------------------------------------------ Dated this the 14th 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.194/CR/EKM/07, which was registered earlier as Crime No.249 of 2007 of Nadakkavu Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. B.A.No.3534 of 2009 filed by the first accused was allowed as per the order dated 10.8.2009 and anticipatory bail was granted to him. At the time of disposal of B.A.No.3534 of 2009, it was noticed that the matter was settled between the parties. It was also noticed that the first accused had repaid the amounts payable to ING Vysya Bank, as per the terms of the settlement. As per the order passed in B.A.No.3534 of 2009, the first accused had appeared before the investigating officer on 5.8.2009. B.A. NO. 5128 OF 2009 :: 2 :: 4. The petitioner is the Manager of the Institution which is run by the first accused. 5. Taking into account the facts and circumstances of the 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 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 ahz/