IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5451 of 2009() ---------------------------------------- CRIME NO. NOT KNOWN OF POOJAPPURA POLICE STAITON, THIRUVANANTHAPURAM. PETITIONER/ACCUSED: -------------------------------------- SRI.K.VIJAYAN NAIR, PROPRIETOR, M/S.MADATHIL ENGINEERING COMPANY, MELARANOOR, KARAMANA P.O., TRIVANDRUM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION, POOJAPPURA, TRIVANDRUM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5451 of 2009 ------------------------------------ Dated this the 1st day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.368/2009 of Poojappura Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the accused supplied an Air conditioner to the defacto complainant. There was warranty for five years. The defacto complainant alleged that the Air conditioner was found faulty. In spite of the repeated demands, it was not repaired nor replaced. A petition was filed before the police alleging these facts. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police B.A. No. 5451 / 2009 2 station shall release him on bail on his executing a bond for Rs.20,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm