IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7827 of 2007() ----------------------------- CRIME NO.394/2007 OF MATTANCHERY POLICE STATION : PETITIONER/ACCUSED ----------------------------------- ANNAMMA, S M, VETTOLIL (H), THALAKODU P.O., THUPPAMPADY, MULATHURUTHY. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: COMPLAINANT ------------------------ 1. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7827 of 2007 ---------------------------------------- Dated this the 2nd day of January 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. She was working as store keeper in the Government Hospital during the period 1996-2000. The crux of the allegations against the petitioner is that certain machinery available in the hospital were found missing. The petitioner along with the co-accused was allegedly responsible for misuse/ misappropriation of the said machinery. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the alleged incident had taken place more than a decade back. Arrest and incarceration of the petitioner is unnecessary. The petitioner shall co-operate with the investigators. The petitioner may, in these circumstances, be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application; but prays that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. B.A.No.7827/07 2 4. Having considered all the relevant circumstances, I am satisfied that this is a fit case where directions under Section the 438 Cr.P.C can be issued in favour of the petitioner, a woman, subject to appropriate terms and conditions. 5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 09/01/2008. She shall be released on regular bail on condition that she executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make herself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 10/01/2008 and 11/01/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper investigation of this case. Thereafter the petitioner shall so appear on all Mondays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. B.A.No.7827/07 3 (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law, as if these directions were not issued at all. (iv) If she were arrested prior to 09/01/2008, she shall be released from custody on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 09/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7827/07 4 B.A.No.7827/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007