IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 16TH APRIL 2008 / 27TH CHAITHRA 1930 Bail Appl..No. 2199 of 2008() ----------------------------- (CRIME NO.16/2008 OF KUTHUPARAMBA POLICE STATION) PETITIONER : 2ND ACCUSED: ----------------------------- C.M.BALAKRISHNAN, S/O.KANNAN, AGED 70 YEARS, BYJU NIVAS, PATTIAM AMSOM DESOM, P.O.PATHAYAKUNNU, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, KUTHUPARAMBA POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.M.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. - - - - - - - - - - - - - - - - - - - - - - - - - Bail Application No. 2199 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of April, 2008. O R D E R This application is filed under Sec. 438 Cr.P.C. Petitioner is the 2nd accused in Crime No.16/2008 of Kuthuparamba Police Station registered under sections 420 read with section 34 IPC. Allegation is that 1st accused and defacto-complainant exchanged their vehicle and executed an agreement and in violation of the agreement the 1st accused sold the vehicle to another person and therefore both the accused committed the offence. 2. Petitioner is not a party to the agreement. He is only the father of the 1st accused. Considering the nature of the case, I am inclined to grant anticipatory bail to the petitioner on conditions. The petitioner shall be released on bail in the event of his arrest in Crime No.16/2008 of Kuthuparamba Police Station, on executing a bond to the satisfaction of the Investigating Officer. The petitioner shall not induce, 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. He shall not leave India without the permission of the Magistrate. He shall shall make himself available for interrogation as and when required by the Investigating Officer. This order shall prevail for 30 days. The petitioner shall apply for regular bail before the concerned Magistrate. M.Sasidharan Nambiar, Judge. mn