IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 Bail Appl..No. 7851 of 2007() ----------------------------- (CRIME NO. NOT KNOWN, KUNNAMKULAM POLICE STATION) PETITIONER : ACCUSED: ------------------------- SAJEEVKUMAR.N., AGED 38 YEARS, S/O.K.MUKUNDAN, RESIDING AT PADMAVILASOM, T.C.2/1370, PATTAM PALACE P.O., TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: STATE: ------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.7851 of 2007 ------------------------------------- Dated this the 1st day of January, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered initially under Section 380 I.P.C. That crime, in turn, was registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The learned Public Prosecutor submits that the section of offence has now been altered to Section 420 I.P.C. 2. In the private complaint, it is alleged that a vehicle belonging to the defacto complainant was taken away by the accused person under the pretext that he was taking it for a test drive. According to the petitioner, this allegation is totally incorrect. The vehicle had suffered extensive damage. It was entrusted by the defacto complainant to the petitioner to carry out repair work. Repair was carried out. Charges were not paid. This obliged the petitioner to take steps under the civil law to protect his interest. An interim order of injunction has been obtained in favour of the petitioner from the Civil Court. With the sole intention of B.A.No.7851 of 2007 2 vexing and harassing the petitioner, vexatious allegations are now being raised before the criminal court. The petitioner may be granted anticipatory bail, it is prayed. 3. The learned counsel for the petitioner submits that in view of the order of injunction in favour of the petitioner, the defacto complaint is not entitled to get the vehicle in his possession. The petitioner is prepared to produce the vehicle before the police or the learned Magistrate for the purpose of investigation and verification. 4. The learned Public Prosecutor does not oppose the application for anticipatory bail and I am satisfied, in the facts and circumstances, that the petitioner can be granted anticipatory bail subject of course to appropriate conditions. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 07.01.2008. He shall be enlarged on regular 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 learned Magistrate; B.A.No.7851 of 2007 3 ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 08.01.2008 and 09.01.2008 and thereafter between 10 a.m and 12 noon on all Mondays for a period of one month. Subsequently the petitioner shall make himself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 07.01.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 07.01.08. (R.BASANT, JUDGE) rtr/- B.A.No.7851 of 2007 4