IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 1921 of 2009() ---------------------------------------- CRIME NO.142/2009 OF MANANTHAVADY POLICE STATION CRMP.767/2009 of DISTRICT COURT, KALPETTA .................... PETITIONER (S)/A8 --------------------------- PC.PAULOSE, AGED 60 YEARS, S/O. CHERIAN,PADINHAKKARA NARIYELIL HOUSE, PAYYAMNPALLY P.O. MANANTHAVADY. BY ADV. MR.C.P.UDAYABHANU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE ,(CRIME 142/09)MANANTHAVADY POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR MR.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T. RAVIKUMAR, J. ```````````````````````````````````````````````````` B.A. No. 1921 OF 2009 ```````````````````````````````````````````````````` Dated this the 12th day of May, 2009 O R D E R This is a petition for anticipatory bail under section 438 Cr.P.C. filed by the 8th accused in Crime No.142/09 of Mananthavady police station. The allegation is that the accused committed offence punishable under sections 409 and 420 IPC. The crux of the allegation is that the 1st accused is the Appraiser- cum-Junior Clerk of the Farmers Service Co-operative Bank, Mananthavady. Accused Nos. 2 to 11 are subscribers of the Bank. The petitioner herein pledged fake gold ornaments in the Bank and availed a cash loan from the bank which has now accumulated to Rs.9,64,140/-. Counsel for the petitioner submits that the petitioner has absolutely no connection with the alleged crime and he has approached the bank only for having genuine transaction with it and on 15.4.2009 when the matter was taken up, the counsel for the petitioner made a submission that the 8th accused/petitioner herein is prepared to pay the entire amount i.e., Rs.9,64,140/- which is the amount involved in this matter to show BA.1921/09 : 2 : his bona fides. On 12.5.2009 when the matter is taken up, the counsel for the petitioner made available a receipt dated 17.4.2009 of the Farmers Service Co-operative Bank, Mananthavady, showing remittance of the amount mentioned earlier. It is pertinent to note that already there is an undertaking not to arrest the petitioner made on behalf of the prosecution and it continues from time to time based on orders. Considering the circumstances that the payment has been effected and a receipt for that effect has been furnished, I think the petitioner can be granted the relief of anticipatory bail. 2. In the circumstances, this bail application is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) In the event of arrest, the petitioner herein shall be enlarged on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer conducting the arrest. ii) The petitioner shall co-operate with the investigation and for that purpose, he shall report before the investigating officer BA.1921/09 : 3 : as and when his presence is required by the investigating officer, till the final report is laid. (iii) The petitioner shall not tamper with or attempt to tamper with evidence or intimidate or influence or attempt to intimidate or influence the witnesses. (C.T. RAVIKUMAR, JUDGE) aks