IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 Bail Appl..No. 5056 of 2008() ----------------------------- CRIME NO.886/08 OF KALAMASSERY POLICE STATION PETITIONER --------------------------- MANOJ ALUNGAL ,MANAGING DIRECTOR DOOR NO. 48/557 F, NEAR BHAVANANS SCHOOL ELAMAKKARA, COCHIN-26 BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5056 of 2008 ----------------------------------------- Dated this the 22nd August, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 403, 406 and 420 read with 34 of Indian Penal Code. According to prosecution, petitioner, who is the first accused, availed of a loan of Rs.20 lakhs from the Bank of India and thereafter, he did not purchase the articles, as agreed between the bank and the petitioner, utilising the amount already released by way of cheque in the name of second accused. This fact was revealed, on an inspection of the premises of the studio of first petitioner by the officials of the bank. Thus, the petitioner has allegedly misappropriated and cheated the bank. The offences were committed by the petitioner in furtherance of common intention with the second accused, from whom the articles were intended to be purchased for Rs.20 lakhs. 3. Learned counsel for petitioner submitted that the petitioner is absolutely innocent of the allegations made. He had purchased the articles as evidenced by Annexures A1 to A4. It is true that as per Annexures A3 and A4, certain articles were not purchased from the second accused as agreed. But, it so happened, that those BA.5056/08 2 materials were not available in the establishment of the second accused and hence petitioner purchased from another person for which petitioner invested Rs.6 lakhs more, from his own pocket. Those articles are available in the premises of the petitioner's studio, which is proposed to be inaugurated shortly. But, those materials were purchased only on 27.6.2008 and the officials of the bank inspected the property premises prior to 7.6.2008 and these facts were explained to the bank officials. Still, a complaint is lodged and a crime is registered against the petitioner. 4. Learned Public Prosecutor submitted that petitioner maybe directed to appear before investigating officer and that he has no objection in granting anticipatory bail to the petitioner on conditions: Hence, the following order is passed: Petitioner shall surrender before the investigating officer within seven days from today and he shall be released on bail, in the event of his arrest, on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) petitioner shall make himself available for interrogation as and when directed by the investigating officer. BA.5056/08 3 ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not tamper with evidence. Petition is allowed. K.HEMA, JUDGE vgs.