IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 Bail Appl..No. 7334 of 2011() ---------------------------------- (CRIME NO.683/2011 OF THAMPANOOR POLICE STATION JUDICIAL FIRST CLASS MAGISTRATE COURT -III, THIRUVANANTHAPURAM DISTRICT) .... PETITIONER/ACCUSED: ---------------------------- UNNIKRISHNAN NAIR, S/O.N.MADHAVAN PILLAI T.C.50/195, THYVILA, KALADY, KARAMANA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs P.S.GOPINATHAN, J ---------------------------------- B.A.No.7334 of 2011 ------------------------------------ Dated this the 24th day of November, 2011. ORDER Petition under Section 438 of the Code of Criminal Procedure. Petitioner is the accused in Crime No.683/2011 of Thampanoor Police Station for offence punishable under Section 420 of I.P.C. Apprehending arrest, detention and torture at the hands of the Investigating Officer, petitioner moved Crl.M.C.No.1242/2011 before the Sessions Judge Thiruvananthapuram, seeking an order directing the respondent to release the petitioner on bail in the event of arrest with a plea that he is innocent of the allegation. By Annexure-A Order dated 1/8/2011, the Sessions Judge dismissed the same. Now, this petition is filed for the same relief. 2. Having heard either side, it is revealed that petitioner was a SDS agent in the Gandhari Amman Kovil branch of Thiruvananthapuram District Co-operative Bank, collected Rs.7,55,400/- and cheated general public by not depositing the same in the bank. In the above circumstances, this petition is disposed with a direction to the petitioner to deposit Rs.7,55,400 /- before the Judicial First Class Magistrate, Thiruvananthapuram and surrender before the Investigating Officer, who after interrogation, with or without arrest, on satisfying the deposit as above, shall release the petitioner on bail B.A.No.7334 of 2011 2 on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions: 1) The petitioner shall report before the Investigating Officer at 10.am on every Thursday. 2) Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer. 3) Petitioners shall not leave Thiruvananthapuram District without the previous permission of the Investigating Officer. 4) This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioner and produce him before the Magistrate concerned. The amount in deposit shall be released only under the orders of the District Legal Service Authority, if dispute is settled through Adalat or the arbitrator appointed under the Co-operative Societies Act or under orders of this Court or in the final disposal. P.S.GOPINATHAN, JUDGE su