IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 Bail Appl..No. 94 of 2008() --------------------------- CRIME O. NOT KNOWN OF IRINJALAKUDA POLICE STATION PETITIONER --------------------------- T.K.DILEEPKUMAR, AGED 45 YEARS, S/O. KOCHUKUTTAN, GENERAL MANAGER, IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD., IRINJALAKUDA. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, IRINJALAKUDA. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 94 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is an employee of the Irinjalakuda Town Co-operative Bank. The crux of the allegations is that theft of electricity had taken place from the premises of the bank. Investigation is in progress. The petitioner apprehends imminent arrest. 2. According to the learned counsel for the petitioner, the petitioner is absolutely innocent. The petitioner has no reason to commit theft of electricity on behalf of the bank. The bank has already remitted half the amount claimed and the electric connection has already been restored. The petitioner does not deserve to endure the trauma of arrest and incarceration. He may be granted anticipatory bail, submits the counsel. 3. The learned Prosecutor submits that in the peculiar facts and circumstances of this case the State is not opposing the application. Appropriate conditions may be imposed, it is urged. B.A.No. 94 of 2008 2 4. I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 24.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 25.1.08 and 28.1.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and B.A.No. 94 of 2008 3 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 24.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 24.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 24.1.2008. (R. BASANT) Judge tm