IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7271 of 2009 CRIME NO.2479 OF 2009 OF ERNAKULAM CENTRAL POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ P.RAJENDRA PRASAD, 7-B REGIONAL GARDENS, HOSPITAL ROAD, ERNAKULAM. BY ADV. SRI.K.SASIKUMAR RESPONDENT: --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7271 OF 2009 ------------------------------------------------------ Dated this the 16th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the second accused in Crime No.2479 of 2009 of Ernakulam Central Police Station. 2. The offences alleged against the petitioner are under Sections 406, 408 and 109 read with Section 34 of the Indian Penal Code. 3. The prosecution case as against the petitioner is that the petitioner, who was the Vice President of Rama Varma Club, Ernakulam during the period 2008-2009, had misappropriated a sum of Rs.1,25,000/- on account of the membership fee collected from one M.P.M.Nair. Learned counsel for the petitioner pointed out that on 21.10.2009, the Secretary of the Club had sent Annexure A3 letter to M.P.M.Nair, which would show that M.P.M.Nair did not pay any amount as membership fee. The counsel pointed out that the said letter would also indicate that the petitioner volunteered to pay a B.A. NO. 7271 OF 2009 :: 2 :: portion of the amount payable by M.P.M.Nair. 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 anticipatory bail can be granted to the petitioner. 5. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) 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/