IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2472 of 2009 PETITIONERS/ACCUSED --------------------------------------- 1. PRASAD KUMAR, S/O.GOVINDANKUTTY, AGED 34 YEARS, VETTUMPULLY HOUSE, ATTORE DESOM, KUTTUR VILLAGE, THRISSUR DISTRICT. 2. PREMAN, S/O.SARASWATHY AMMA, AGED 46 YEARS, KAIKULANGARA HOUSE, ATTORE DESOM, KUTTUR VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2472 OF 2009 B ------------------------------------------------------ Dated this the 26th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused persons in Crime No.250 of 2009 of the Town East Police Station, Thrissur. 2. The offence alleged against the petitioners are under Sections 406 and 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the petitioners, while acting as the distributors of milk, employed by M/s.ABT Industries, committed criminal breach of trust by not remitting the collection amount to the tune of Rs.1,61,388/-. According to the petitioners, they promptly remitted the collection amount, but when they demanded the amount on account of damaged milk supplied to them, the de facto complainant lodged the complaint. It is also stated that even the police directed the parties to settle the issue. 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 B.A. NO. 2472 OF 2009 :: 2 :: anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail for a period of one month on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioners shall surrender before the Magistrate concerned and seek regular bail; B.A. NO. 2472 OF 2009 :: 3 :: f) 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 ahz/