IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2144 of 2008() ----------------------------- CRIME NO.308/08 OF MOOVATTUPUZHA POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ K.C. MASOOD, AGED 40 YEARS, SAFA FASHION CENTRE, PAZHKAPPILLY, MOOVATTUPUZHA, ERNAKULAM. BY ADV. SMT.T.B.MINI RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, MOOVATTUPUZHA THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2144 of 2008 ---------------------------------------- Dated this the 7th day of April 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest on the allegation that he has committed the offence punishable under Section 135 of the Electricity Act. The alleged incident took place on 08/03/2008. There was allegedly tampering of the electricity meter installed in the premises of the textile shop of the petitioner. Investigation is in progress. The petitioner apprehends imminent arrest. The allegation is that electrical energy of the value exceeding Rs.6,00,000/- has been illegally extracted by the petitioner herein. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. Appropriate conditions may be imposed in the interests of an efficient and expeditious investigation, submits the learned Public Prosecutor. 3. I am satisfied in the circumstances of the case that anticipatory bail can be granted to the petitioner. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. B.A.No.2144/08 2 4. 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 15/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/-(Rupees fifty thousand 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 16/04/2008 and 17/4/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear 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 if these directions were not issued at all. (iv) If he were arrested prior to 15/04/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2144/08 3 B.A.No.2144/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007