IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2082 of 2008() ----------------------------- CRIME NO.220/98 OF THE PATHANAMTHITTA POLICE STATION PETITIONER/ACCUSED: ------------------------------------ RAMACHANDRU KURUP, S/O.GOVINDAN NAIR, AGED 57(FIFTY SEVEN) RESIDING AT DWARAKA (SANGARAMANGALATHU) PATTAZHY VIA, KOTTARAKKARA, KOLLAM FROM POOVANNAL HOUSE, (VELLARAM KUNNIL), MALOOR PATTAZHY VADAKKEKARA VILLAGE, PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: STATE: ------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.2082 of 2008 ------------------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for anticipatory bail. The petitioner is the father of the de facto complainant. The allegation is of theft punishable under Sec.379 of the IPC. A car belonging to the son/the de facto complainant was allegedly handed over to the father/accused three years back for his use. It is the contention of the son that he had, at the time when the car was so handed over, left a signed blank cheque leaf in the car. The father did not return the same. He allegedly misutilised the same. He handed it over to another person who has now staked a claim on the strength of the said cheque against the de facto complainant/the son. 2. A crime has been registered on the basis of a First Information Statement lodged by the de facto complainant. B.A. No.2082 of 2008 -: 2 :- Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that the petitioner can be granted anticipatory bail. Appropriate conditions to facilitate a proper and efficient investigation can, of course, be imposed. 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 Magistrate having jurisdiction at 11 a.m. on 11/4/08. He shall be released on regular bail on his executing a bond for Rs.25,000/- 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 15/4/08 and 16/4/08. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays 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 B.A. No.2082 of 2008 -: 3 :- 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 if these directions were not issued at all. (iv) If the petitioner were arrested prior to his surrender on 11/4/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate on 11/4/08. (R. BASANT, JUDGE) Nan/