IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1582 of 2008() ----------------------------- CRIME NO. 48/06 OF KANJIKUZHY POLICE STATION PETITIONER --------------------------- PAVITHRAN, S/O.PADMANABHAN, AGED 51 YEARS, PUTHETHE HOUSE, CHEMBANKUZHY KARA, NERIAMANGALAM VILLAGE, KOTHAMANGALAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: ------------- S.I. OF POLICE, KANJIKUZHY, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1582 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 O R D E R Application for anticipatory bail. The petitioner, at the relevant time, was the Village Extension Officer. He is arrayed as the first accused. He faces allegations in a crime registered alleging offences punishable, inter alia, under Sections 409 and 468 I.P.C. To put it in a nut shell, the allegation against the petitioner is that benefits available under a scheme was availed of in the name of the beneficiary fraudulently when no such unit had at all functioning. The alleged incident took place in the year 1998. Crime has been registered in 2006. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations are totally false and at any rate there is absolutely no necessity to compel the petitioner to undergo the undeserved trauma of arrest and detention pending investigation. Exhaustive enquiry had already been conducted and all relevant materials B.A.No. 1582 of 2008 2 have already been unearthed by the enquiry which was conducted earlier by the Vigilance Department. In these circumstances the petitioner may be granted anticipatory bail, it is submitted. 3. The case diary has been perused by me. The learned Prosecutor does not oppose the application. 4. I am satisfied that appropriate directions can be issued under Section 438 Cr.P.C. in favour of the petitioner, subject to appropriate conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 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 1.4.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No. 1582 of 2008 3 (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. On 2.4.2008 and 3.4.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 1.4.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 1.4.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 1.4.2008. (R. BASANT) Judge tm