IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Bail Appl..No. 3476 of 2010() ------------------------------------------ (CRIME NO.343/10 OF WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT) ......... APPLICANTS/ACCUSED NOS.1 TO 3: ------------------------------------------------------ 1. K.J.PAUL, AGED 75 YEARS, S/O.JOSEPH, KANNADI HOUSE, AVINISSERI VILLAGE, OLLUR.P.O, TRICHUR. 2. C.A.RAPPAI, AGED 74 YEARS, S/O.ANTHONY, CHEENAN VEEDU, MARATHAKARA VILLAGE, OLLUR DESOM, TRICHUR. 3. M.A.PAUL, AGED 67 YEARS, S/O.ANTHONY, MANIYAKKU VEEDU, PUTHUKADU VILLAGE, PUTHUKADU DESOM, TRICHUR. BY ADVS. SRI.P.VIJAYA BHANU, SRI.VIPIN NARAYAN. RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I OF POLICE, WADAKKANCHERY POLICE STATION. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 3476 of 2010 ----------------------------- Dated this the 13th day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 405, 406, 417 and 420 read with Section 34 of the Indian Penal Code. According to prosecution, petitioners(accused nos. 1 to 3) in furtherance of their common intention, while acting as the chairman and partners of one firm sold to property of the firm and misappropriated the amounts and committed cheating etc. 3. Learned counsel for petitioners submitted that an extent of property was sold, as per a decision of the general body meeting, as evidenced by Annexure-A. De facto complainant is the husband of one of the partners, who is also a signatory to Anenxure-A. Petitioners have not sold the property in any fraudulent manner and they have not misappropriated any fund, it is submitted. 4. Learned counsel for petitioners also submitted that petitioners requested for an opportunity to explain their innocence before the police by producing relevant documents. They were directed by this court to report before the investigating officer and accordingly they appeared and they were questioned by him. B.A. No. 3476/ 2010 2 5. Learned Public Prosecutor submitted that petitioners were questioned by the investigating officer, when he appeared before him as per the directions of this court. He has no objection in granting anticipatory bail on conditions, it is submitted. 6. On hearing both sides, I am satisfied that petitioners can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioners shall, in the event of their arrest be released on bail on his executing bond for Rs. 25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that petitioners shall report before the investigating officer as and when directed and co-operate with the investigation. 2). This order will be in force only for a period of 20 days from today and petitioners shall seek regular bail from the court concerned within such time. This petition is allowed. K. HEMA, JUDGE ln