IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 436 of 2008() ---------------------------- [CRIME NO.15/2008 OF KANJIRAPPALLY POLICE STATION] : PETITIONER/ACCUSED: ------------------------------------ SUNNY JACOB, S/O. CHACKO THOMAS, VAYALAKOMBIL HOUSE, PANAMATTOM P.O., KOORALY. BY ADV. SRI.K.G.ANIL BABU RESPONDENTS: COMPLAINANT: ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KANJIRAPPALLY POLICE STATION, KANJIRAPPALLY, KOTTAYAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.436 of 2008 ------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered under Sections 406 and 409 I.P.C. He was the Secretary of a Co-operative Society. Audit report revealed the instances of misappropriation of funds of the Society. A total amount of about Rs.1 lakh was allegedly misappropriated by the petitioner during the period 1999-2007. The petitioner is admittedly not the Secretary of the Society now, he having resigned. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is innocent. In any view of the matter, custodial interrogation of the petitioner is not necessary at all. The petitioner shall co-operate with the investigators, it is prayed. 3. The learned counsel for the petitioner prays and the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject of course to appropriate conditions, which shall zealously ensure the interests of a fair, efficient and expeditious investigation. B.A.No.436 of 2008 2 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 01.02.2008. He shall be enlarged on regular bail on his executing 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 1 p.m on 02.02.2008 and 04.02.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays 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 B.A.No.436 of 2008 3 arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 01.02.08 as directed in clause (1) above, 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 01.02.08. (R.BASANT, JUDGE) rtr/-