IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 55 of 2008() --------------------------- [CRIME NO.61/07 OF ENATHU POLICE STATION] PETITIONERS/ACCUSED 1 AND 2 : ----------------- 1. L.THOMAS, VALLAMCHALIL VADAKKETHIL, KADAMPANAD P.O., KALLUKUZHI. 2. SUNNY.P.SAMUEL, PEACE COTTAGE, KADAMPANAD P.O. BY ADV. SRI.K.SASIKUMAR SRI.S.SREEDUTT RESPONDENTS/COMPLAINANT: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.55 of 2008 ---------------------------------------- Dated this the 9th day of January 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. They are salesman and Secretary of a Co- operative Society. Allegations are raised in respect of the financial year 1997-1998. The crime is registered for offences punishable inter alia under Section 408 I.P.C. The crux of the allegations, submits the learned Public Prosecutor, is that the stock which must have been available as per the liability register was not available in the premises. 2. The learned Public Prosecutor fairly concedes that the entire shortage in stock has already been made up by payment of the deficit. 3. The learned counsel for the petitioners prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioners can be granted anticipatory bail subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. B.A.No.55/08 2 i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 16/01/2008. They shall be released on regular bail on condition that they execute bonds for Rs.50,000/-(Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 5 p.m on 17/01/2008 and 18/01/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months. Subsequently the petitioners shall so appear as and when directed by the investigating officer in writing to do so. (iii) If the petitioners do 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 B.A.No.55/08 3 arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 16/01/2008, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16/01/2008. (R.BASANT, JUDGE) jsr B.A.No.55/08 4 B.A.No.55/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007