IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 Bail Appl..No. 3396 of 2010() ----------------------------- (CRIME NO.492/2010 OF MATHILAKAM POLICE STATION) PETITIONER -------------------- SUSIL KUMAR, AGED 45 YEARS, S/O. BALARAMAN, RESIDING AT KOZHIPARAMBIL, KOORIKKUZHI, KAIPAMANGALAM, KODUNGLLOOR, THRISSUR DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SMT.P.T.RAZEENA RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY S.I OF POLICE, MATHILAKAM POLICE STATION, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3396 OF 2010 -------------------------------- Dated this the 21st day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 403, 404, 409, 417 and 418 of IPC. According to prosecution, petitioner misappropriated money entrusted by his father's brother for construction of class rooms in a Government School. 3. Learned counsel for petitioner submitted that the complaint is in respect of Rs.12,00,000/- which is entrusted by petitioner's uncle with petitioner for the purpose of constructing four class rooms in a school. Money is still safe with petitioner and he has not misappropriated the same. But, a complaint is made alleging false allegation against petitioner. Petitioner is innocent and he explained his innocence to Investigating Officer when he surrendered before the Investigating Officer, as per the direction of this court, it is submitted. 4. Learned Public Prosecutor submitted that petitioner surrendered and he was interrogated by Investigating Officer. He is not required for interrogation. 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner. Hence the following order is passed: B.A No.3396 OF 2010 2 (1) Petitioner shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, petitioner shall be released on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioner shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. Petition is allowed. K.HEMA JUDGE vdv