IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Bail Appl..No. 3289 of 2010() ----------------------------- (NO CRIME REGISTERED) (S): PETITIONER ------------------------------ SABU.S, S/O.SADANANDAN, AGED 39 YEARS, KATTIYAM HOUSE, T.C.43/58, THOTTAM, MANACADU, THIRUVANANTHAPURAM. BY ADV. SRI.N.J.JOHNSON RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, FORT STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3289 of 2010 ---------------------------------------------- Dated 16th August, 2010. O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406 and 420 of the Indian Penal Code. According to prosecution, petitioner took huge amount of money from defacto complainant for supplying one gram gold ornaments and the ornaments were supplied. But the customers made complaints about the quality of the ornaments and it was found that the ornaments were of poor quality. One gram gold ornament is to contain 500 mg. to 600 mg. of gold, but the gold was far below the requirement. 3. Learned counsel for petitioner submitted that petitioner has not supplied any gold ornaments to defacto complainant. He only introduced defacto complainant to a wholesale dealer and the ornaments were taken by defacto complainant from the wholesale dealer. He had no other role in the transaction. Petitioner is dealing in gold covering ornaments in Thiruvananthapuram, who was acquainted with petitioner. Petitioner requested for an opportunity to explain his innocence BA NO. 3289/10 2 and as per the direction of this Court, he appeared before the Investigating Officer and he was questioned. 4. Learned Public Prosecutor submitted that petitioner was questioned by the Investigating Officer, when he reported before before him as per the direction of this Court. It is also submitted that he has no objection in granting anticipatory bail to petitioner on conditions. 5. On hearing both sides, I pass the following order : (1) Petitioner shall, in the event of his arrest, be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions : (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with the investigation. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. BA NO. 3289/10 3 (2) This order will be in force only for a period of one month from today. In the meanwhile, whether petitioner is arrested or not, petitioner may seek regular bail from the court concerned. Petition is allowed. K.HEMA, JUDGE. tgs