IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 Bail Appl..No. 3877 of 2010() ----------------------------------------- (CRIME NO.601/2010 OF MULAVUKADU POLICE STATION,ERNAKULAM DISTRICT) .................... PETITIONER/ACCUSED: -------------------------------------- DENNIS FIGREZ, AGED 43 YEARS, PUTHIYAPARAMBIL, PONNARIMANGALAM, MULAVUKADU, ERNAKULAM DISTRICT. BY ADV. SRI.NISHIN GEORGE VIJAYABABU RESPONDENT(S): ---------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3877 of 2010 ----------------------------- Dated this the 7th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 452 and 380 of the Indian Penal Code. According to prosecution, on 10.05.2010 at about 10.30 A.M., petitioner trespassed into the house of the de facto complainant and took passport and driving licence of the de facto complainant from the Almirah. 3. Learned counsel for petitioner submitted that the de facto complainant had borrowed Rs. 4,50,000/- from the petitioner. Since the petitioner is a heart patient and he wanted some money for treatment, he asked the de facto complainant to return the money. De facto complainant refused to do so, and in the meanwhile, a false complaint is filed stating that driving licence and passport were stolen by petitioner. The passport was later found at the premises of a church and the vicar of the church filed an affidavit stating that it is in his possession. Petitioner has not taken the driving licence of the de facto complainant and he has no benefit in keeping the driving licence with him. Petitioner B.A. No. 3877 / 2010 2 appeared before the investigating officer as per the direction of this court and explained his innocence. 4. Learned Public Prosecutor submitted that the petitioner was questioned by the investigating officer when he appeared before him as per the directions of this court. This petition is not opposed. 5. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall, in the event of his arrest be released on bail on his executing a bond for Rs. 10,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i). Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioner shall not influence or intimidate any witness or tamper with the evidence. B.A. No. 3877 / 2010 3 2). This order will be in force only for a period of 15 days from today and the petitioner shall seek regular bail from the court concerned within such time. This petition is allowed. K. HEMA, JUDGE ln