IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 Bail Appl..No. 1989 of 2008(O) ------------------------------ CRIME NO.83/2008 OF KURUPPAMPADY POLICE STATION : PETITIONERS/ACCUSED: ------------------------------------- O.I. ABRAHAM, AGED 60 YEARS, SON OF ISSA, URATHUMUDI HOUSE, VENGOOR (P.O), KUNNATHUNADU TALUK. BY ADV. SRI.N.ANILKUMAR RESPONDENTS: COMPLAINANT: ------------------------- 1. SUB INSPECTOR OF POLICE, KURUPPAMPADY POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1989 of 2008 ---------------------------------------- Dated this the 1st day of April 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered alleging offences punishable inter alia under Sections 409 and 468 I.P.C. The petitioner is the Secretary of a Co-operative Society. 2. The learned Public Prosecutor submits that the allegation is about misappropriation of amounts for a long period stretching from 10/6/1982 to 06/01/2006. In his capacity as Secretary to Co-operative Society, the petitioner is alleged to have misappropriated an amount of Rs.1.8 lakhs during this long period. Investigation is in progress. Departmental enquiry is also in progress, submits the learned Public Prosecutor. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Every year internal audit by the officials of the Co-operative department as also audit by the Milma authority have been taking place. Belatedly, now on account of vexatious intent, such fanciful allegations have been raised against the petitioner of offences committed from 1982. B.A.No.1989/08 2 In this view of the matter, anticipatory bail may be granted to the petitioner, it is prayed. 3. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor does not oppose the application. I am satisfied that, in the facts and circumstances of this case to which I have already made brief reference, the petitioner can be granted anticipatory bail. 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. 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 08/04/2008. 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 09/04/2008 and 10/04/2008. During this period, B.A.No.1989/08 3 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 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 08/04/2008, 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 08/04/2008. (R.BASANT, JUDGE) jsr B.A.No.1989/08 4 B.A.No.1989/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007