IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2032 of 2008() ----------------------------- CRIME NO. 280/05 OF ALUVA POLICE STATION PETITIONER : ACCUSED ------------------------ V.V.RAKESH, S/O.NARAYANAN VADAKKEVEETTIL, KOOKKANAM, KANNUR DISTRICT. BY ADV. SRI.P.GOPALAKRISHNAN NAIR SRI.M.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE ALUVA POLICE STATION, ALUVA, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 2032 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of April, 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest in a crime registered alleging offences punishable, inter alia, under Sections 420, 379 and 120B I.P.C. Allegations are also raised under Sections 4 and 20 of the Indian Telegraph Act. 2. The crux of the allegations is that the petitioner had fraudulently caused loss to the Telephones Department to the tune of Rs. 38 lakhs during the period 26.2.2004 to 8.3.2005. Crime was registered in 2005. The petitioner has not been arrested so far. He apprehends imminent arrest now. 2. The learned counsel for the petitioner submits that the petitioner is not guilty of any offence alleged. False and vexatious allegations are being raised against him. In any view of the matter, it cannot be held that the petitioner is guilty of any offence alleged against him. Anticipatory bail may be granted to B.A.No. 2032 of 2008 2 the petitioner. He shall co-operate with the Investigating Officer and abide by all conditions reasonably imposed on him by this Court, submits the counsel. 3. The learned Prosecutor does not oppose the application. He submits that the matter has been pending investigation for a long period of time. The investigators want to question the petitioner in detail and take appropriate decision in the matter. Investigation is at a very early stage. Subject to appropriate conditions, the petitioner can be granted anticipatory bail, it is submitted. 4. I am satisfied, in the facts and circumstances, that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 17.4.2008 at 11 a.m. The learned Magistrate shall release the B.A.No. 2032 of 2008 3 petitioner on regular bail on condition that he executes a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 18.4.2008 and 19.4.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer 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. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 17.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 17.4.2008 as directed in clause (1) above, he shall be released on B.A.No. 2032 of 2008 4 bail on his executing a bond for Rs.1,00,000/- without any surety undertaking to appear before the learned Magistrate on 17.4.2008. (R. BASANT) Judge tm