IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 Bail Appl..No. 139 of 2008() ---------------------------- CRIME NO.191/07 OF KOZHINJAMPARA POLICE STATION PETITIONER/ACCUSED NO.1 ---------------------------------------- C.LALAJI, S/O. K.CHELLAPPAN, TYPE II, C1, MEDICAL COLLEGE QUARTERS, VANDANAM P.O., ALAPPUZHA. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.139 OF 2008 ------------------------------------------------- Dated this the 15th day of January, 2008 ORDER Application for anticipatory bail. The petitioner is the 1st accused. Altogether, there are 10 accused persons. The crime has been registered on the basis of a complaint filed before the learned Magistrate and referred to the police under Sec.156(3) of the Cr.P.C. The crime is registered for offences punishable, inter alia, under Secs.120B, 420 and 379 of the IPC. The crux of the allegations is about a Power-of-Attorney obtained in favour of accused 1 and 2 from the de facto complainant in respect of exercise of rights with regard to a steel mill. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that anticipatory bail can be granted to the B.A. No.139 OF 2008 -: 2 :- petitioner subject, of course, to appropriate conditions in the interests of a fair, efficient and expeditious investigation. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to the facts in any greater detail in this order. 3. 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 22/1/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- 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 23/1/08 and 24/1/08. During this period the Investigator shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall appear before the Investigating Officer on all Mondays and Fridays 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 directed by the Investigating Officer in writing to do so. B.A. No.139 OF 2008 -: 3 :- (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 22/1/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 22/1/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge