IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 Bail Appl..No. 1948 of 2008() ----------------------------- CRIME NO.819 OF 2007 OF HILL PALACE POLICE STATION PETITIONER : 3RD ACCUSED ----------------- K.MOHAMMED ISMAIL, S/O.MUHAMMED HAJI, AGED YERS, NOW WORKING AS ASSISTANT ENGINEER, P.W.D. (ROADS) SECTION, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, C.B.C.I.C, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTION SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No. 1948 of 2008 ------------------------------------- Dated this the 31st day of March, 2008 ORDER Application for anticipatory bail. Petitioner apprehends arrest as the 3rd accused in Crime 819 of 2007 of Hill Palace Police Station registered alleging offences punishable, inter alia, under Sections 468 and 471 I.P.C. 2. The crux of the allegations is that certain forged invoices were brought into existence with fraudulent and ulterior motives. The petitioner is alleged to have made entries to probabilise such forged invoices. The principal accused, who was arrested initially and enlarged on bail, has committed suicide. Later investigation has revealed the complicity of the petitioner and the petitioner apprehends arrest now. 3. The learned Director General of Prosecution submits that the 2nd accused has already been granted anticipatory bail by another Bench of this Court as per order dated 17.03.08 in B.A.No.1366 of 2008. That order having not been challenged and the complicity of the petitioner being not different or worse against the 2nd accused, the State is not opposing the application for anticipatory bail of the petitioner now, submits the learned B.A.No. 1948 of 2008 2 Director General of Prosecution . 4. The learned counsel for the petitioner prays, the learned Director General of Prosecution does not oppose the said prayer and in the absence of opposition from the learned Director General of Prosecution I am satisfied that the petitioner can also be granted anticipatory bail subject to appropriate terms and conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 5. In the result, this Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 07.04.2008. He shall be enlarged on regular bail on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 08.04.2008 and 09.04.08. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make B.A.No. 1948 of 2008 3 himself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on all Mondays and Fridays for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so; 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 him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 07.04.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.1,00,000/- (Rupees One lakh only) without any sureties undertaking to appear before the learned Magistrate on 07.04.08. (R.BASANT, JUDGE) rtr/-