IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 Bail Appl..No. 4193 of 2009() ----------------------------- CRIME NO.319/09 OF KOTTAYAM WEST POLICE STATION PETITIONER/ACCUSED -------------------------------------- R.RAJESH, AGED 34, S/O.V.N.RAGHAVAN NAIR, VADAKKEKUTTU HOUSE, S.PURAM, KURICHY, CHANGANACHERRY. BY ADV. SRI.SALIM V.S. RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT. 2. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4193 of 2009 --------------------------------------------- Dated this the 19th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.319 of 2009 of Kottayam West Police Station. 2. The offence alleged against the petitioner is under Section 379 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that the petitioner is an agent of Bajaj Auto Finance Ltd. and as authorised, the petitioner has only repossessed the vehicle, namely, a motor bike. It is submitted that the ingredients of Section 379 are not made out. Counsel also submitted that after repossessing the vehicle, information was given to the police about the same. The counsel also showed me photocopy of a letter allegedly signed by the defacto complainant issued in favour of the financier stating that if the amounts due are not paid within ten days, the financier would be entitled to sell the vehicle. BA No.4193/2009 2 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. 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.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 csl