IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 Bail Appl..No. 4032 of 2008() ----------------------------- CRIME NO.358/08 OF VARKALA POLICE STATION PETITIONER/2ND ACCUSED --------------------------------------- S. ANIRUDHAN, PROPRIETOR, A.S. MEDICALS, NEAR RAILWAY STATION VARKALA, TRIVANDRUM DT. BY ADV. SRI.VAKKOM N.VIJAYAN SMT.REEJA HARI SRI.R.SURESH SMT.V.RENJU SRI.P.ANIYAN RESPONDENTS: COMPLAINANT ------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I OF POLICE, VARKALA POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. -------------------------------------- Bail Application No.4032 of 2008 --------------------------------------- Dated this the 9th day of July, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 143, 147, 149, 365, 373, 506(1), 342, 465 and 330 of IPC. According to the prosecution, the alleged victim is a former employee who worked in the Medical Shop of the second accused. On the allegation that he committed misappropriation of about Rs.3 lakhs from the Medical Shop, he was abducted by the petitioner's son who is the first accused and four others and he was brought to Kaikkara. From there, the alleged victim was questioned by other persons and he was asked to return the money. The petitioner was allegedly present on the scene and he also asked the person to return the money and he also beat him with hand. Thereafter, he was taken to the house of the second accused and the victim's parents were called to the place and victim was handed over to them on the next day. These are the allegations in short. 3. Learned counsel for the petitioner submitted that BA No.4032/08 2 going by the allegations in the First Information Statement, the petitioner has not taken part in abduction. The petitioner is totally innocent of the allegations made and he has not taken part in the offence, it is submitted. But, he is implicated only because he is the owner of the shop. On hearing both sides, I am satisfied that the petitioner can be granted anticipatory bail and the following order is passed: (i) Petitioner is directed to surrender before the Investigating officer from the date of this order and make himself available for interrogation. (ii) Thereafter, in the event of the arrest of the petitioner, if any, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation and report before the Investigating officer as and when directed. The petition is allowed. K.HEMA, JUDGE csl