IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 592 of 2008() ---------------------------- CRMP.275/2008 of DISTRICT COURT, PALAKKAD CRIME 330/07 OF CHITTUR POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- ARUMUGHASWAMY, S/O.RAMANANTHAN CHETTIAR, NELLIYAMKAD, DEVANGAPURAM, CHITTUR, PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: NON-PARTY. RESPONDENT/COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA, REP. SUB INSPECTOR OF POLICE, CHITTUR POLICE STATION, PALAKKAD, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. A.SAMEENA, SECRETARY, DEVANGAPURAM HANDLOOM WEAVERS CO-OPERATIVE SOCIETY, DEVANGAPURAM, CHITTUR, PALAKKAD. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 592 OF 2008 ```````````````````````````````````````````````````` Dated this the 1st day of February, 2008 O R D E R Application for anticipatory bail. Petitioner was the Secretary of a Co-operative Society. He faces allegations, inter alia, under sections 403 and 408 IPC. The alleged indiscretion was committed during the period 2000 - 2004. Now, a private complaint has been filed by the present Secretary. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that vexatious allegations are being raised against the petitioner on account of political animosity. It is prayed that anticipatory bail may be granted to the petitioner. 3. The learned Public Prosecutor disputes the said contention but submits that the State has no objection against the grant of anticipatory bail to the petitioner subject to BA.592/08 : 2 : appropriate terms and conditions. 4. I am satisfied that the petitioner can be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to the facts in any greater detail. 5. 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 8.2.2008. 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 11.2.2008 and 12.2.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the BA.592/08 : 3 : proper conduct of the investigation in this crime. Thereafter, he shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently 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 8.2.2008, 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 8.2.2008. (R.BASANT, JUDGE) aks