IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 Bail Appl..No. 6239 of 2008() ----------------------------- CRIME NUMBER NOT KNOWN PETITIONERS : -------------------- 1. JAYANT PURUSHOTTAM TIDKE, 8, NANDANVAN, 4TH ROAD, TPS - III, SANTACRUZ EAST, MUMBAI - 400 055. 2. DEEPA, W/O. JAYANT PURUSHOTTAM TIDKE, RESIDING AT -DO- BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (STATION HOUSE OFFICER, IRINJALAKUDA POLICE STATION, CRIME NUMBER NOT KNOWN) PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR SRI.G.SREEKUMAR (CHELUR) FOR ADDL.RES. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------------------------- B.A.No.6239 of 2008 --------------------------------------------- Dated this the 9th December, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 468 IPC. According to prosecution, petitioners have received Rs.6 lakhs from the defacto complainant on promise that he will be floating a company and received Rs.2 lakh towards share capital and Rs.4 lakh towards debenture. Thereafter, the company was not floated and the money was not returned and thereby, the offences were committed. 3. Learned counsel for petitioners submitted that the allegations made against petitioners are absolutely false. Petitioners have a definite defence and documents are available to establish their innocence. 4. Learned public prosecutor submitted that petitioners may be directed to make themselves available for interrogation and subject to that he has no objection in granting anticipatory bail. During pendency of this petition, this Court had directed the first accused to report before the Investigating Officer on 25.11.2008 and make himself available for interrogation to prove his innocence if any. Thereafter, he reported and he was BA No.6239 /2008 2 subjected to interrogation. 5. On hearing both sides and on perusal of documents produced, I am satisfied that petitioners have a definite case to put forward and it can be established only during trial. If anticipatory bail is rejected, it may result in great injustice. Hence, the following order is passed: Petitioners shall surrender before the Magistrate Court concerned within ten days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer within three days of release from custody and make themselves available for interrogation. (ii) Petitioners shall report before the Investigating Officer as and when directed. The petition is allowed. K.HEMA, JUDGE csl