IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2295 of 2008() ----------------------------- CRIME NO.288/2007 OF VANDANMEDU POLICE STATION : PETITIONER/ACCUSED: ------------------------------------ RATHEESH, S/O.RAVEENDRAN, AGED 25 YEARS, KADIYAMKUNNEL HOUSE, ANCHALKANAM, ANAKKARA VILLAGE IDUKKI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2295 of 2008 ---------------------------------------- Dated this the 11th day of April 2008 O R D E R Application for anticipatory bail. The petitioner is the fifth accused in a crime registered alleging offences punishable inter alia under Sections 392 and 420 I.P.C. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioner apprehends imminent arrest. The crux of the allegations is that the de facto complainant was induced to go to the house of the first accused on the promise that a costly stone 'Nagamanikyam' shall be handed over to him for a consideration of Rs.5,00,000/-. Actually the stone was worth Rs.15,00,000/-, the de facto complainant was induced to believe. The de facto complainant had allegedly carried with him this amount of Rs.5,00,000/-. At the house of the first accused, the de facto complainant was attacked and amounts were taken away from him. The alleged incident took place on 5/2/2008. The complaint was filed. A crime was registered later on 3/12/2007. Investigation is in progress. The petitioner is the son of the first accused. The gravamen of the B.A.No.2295/08 2 allegations against him is that an item of property was purchased in his name using ill-gotten wealth. He was also allegedly present at the scene of the crime. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition from the learned Public Prosecutor, it is not necessary for me to advert to facts in any greater detail in this order. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 28/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 29/04/2008 and 30/04/2008. During this period, B.A.No.2295/08 3 the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does 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 arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 28/04/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 28/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2295/08 4 B.A.No.2295/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007