IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 Bail Appl..No. 2655 of 2010() ----------------------------- (CRIME NO.35/2010 OF DEVIKULAM POLICE STATION IN IDUKKI DISTRICT) AGAINST THE JUDGEMENT/ORDER IN WPC.5161/2010 Dated 16/03/2010 .................... PETITIONER/1ST ACCUSED ------------------------------------------ JUNAITH.T.S., AGED 36 YEARS, S/O. T.K.SAIDU MUHAMMED, THOTTIPARAMBIL(H), KANJAR, IDUKKI. BY ADV. SRI.JESWIN P.VARGHESE SMT.V.H.JASMINE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 2655 of 2010 --------------------------------------------------- Dated this 31st day of May, 2010. ORDER Petition for anticipatory bail. 2. The alleged offences are under Section 420, 406, 409, 465 According to prosecution petitioner (A1), who is a Village Extension Officer, cheated Government by misappropriating government fund, which was allotted for rural housing programme. The offence was committed in furtherance of common intention by accused nos. 1 to 18. 3. Learned counsel for petitioner submitted that petitioner is a Village Extension Officer, who has to act in accordance with the instructions given by Joint B.D.O. He has not committed any offence it is submitted. He further submitted that he can explain his innocence to the investigating officer. Hence, a direction was issued by this Court to appear before the investigating officer and subject himself to interrogation. He was interrogated by the police on 26.5.2010. 4. Learned Public Prosecutor submitted that petitioner was B.A.No.2655/2010] 2 interrogated and his statement was also recorded. He has no objection in grating anticipatory bail to petitioner on conditions. 6. On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed: (1) Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation. (2) In case petitioner is arrested, he shall be released on bail on his executing bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum, to the satisfaction of the arresting officer, on the following condition: (i) Petitioner shall report before the investigating officer on every Sunday between 10 a.m. and 1 p.m. (ii) Petitioner shall not influence or intimidate any witness or tamper with evidence. Petition is allowed. K. HEMA, JUDGE. Krs.