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. 1716 of 2008() ----------------------------- C.C.NO.10573/07 OF THE X METROPOLITAN MAGISTRATE COURT, CHENNAI. PETITIONER/ACCUSED ----------------------------------- DR.ROY VIJAYAN, G-25, IST CROSS ROAD, NEAR MANORAMA JUNCTION, PANAMPILLY NAGAR, COCHIN-36. BY ADV. SRI.V.B.HARI NARAYANAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, THEVARA POLICE STATION, COCHIN. 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. 1716 of 2008 ------------------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for anticipatory bail. The petitioner apprehends arrest in execution of a non-bailable warrant of arrest issued by the X Metropolitan Magistrate's Court, Egmore, Chennai, in C.C.No.10573/07 registered under Secs.406 and 420 of the IPC on the basis of a complaint filed by a bank. The said case now stands posted to 19/9/08. The petitioner apprehends imminent arrest. 2. The learned Public Prosecutor, after taking instructions, submits that no such warrant has been obtained by the respondents for execution. The learned counsel for the petitioner, however, relies on Annexure-A2 which is a copy of the warrant dated 7/2/08. The learned counsel for the petitioner submits that the case is now posted for appearance B.A. No. 1716 of 2008 -: 2 :- to 19/9/08. If the petitioner were given breathing time, the petitioner shall surrender before the court concerned and seek regular bail. The threat of imminent arrest and detention may be abated by issuing appropriate directions under Sec.438 of the Cr.P.C., submits the learned counsel for the petitioner. 3. Having considered all the relevant circumstances, I am satisfied that directions under Sec.438 of the Cr.P.C. can be issued in favour of the petitioner. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall surrender before the learned Chief Judicial Magistrate, Ernakulam, on or before 5/4/08. He shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned C.J.M, Ernakulam, undertaking to appear before the X Metropolitan Magistrate's Court, Egmore, Chennai, in C.C.No.10573/07 and seek regular bail on or before 19/4/08. (ii) The petitioner shall appear before the X Metropolitan Magistrate's Court, Egmore, Chennai, on or before 19/4/08. He shall seek regular bail from that court and shall abide by the orders to be passed by the said Magistrate on such application for bail. B.A. No. 1716 of 2008 -: 3 :- (iii) The petitioner shall report compliance with the above direction No.(ii) before the learned C.J.M., Ernakulam, on or before 26/4/08. He shall appear before the learned C.J.M., Ernakulam on that date. (iv) If the petitioner does not appear before the learned C.J.M, Ernakulam on 5/4/08 or does not appear before the X Metropolitan Magistrate's Court, Egmore, Chennai, on or before 19/4/08, all these directions shall lapse and thereafter the warrant of arrest can be executed by the authorities concerned against the petitioner. (v) If the petitioner were arrested prior to his surrender before the learned Magistrate on 5/4/08, he shall be released on his executing a bond for Rs.25,000/- without any sureties undertaking to appear before the learned Magistrate concerned on 5/4/08 as directed above. (vi) If the petitioner, after executing the bond as directed in Clause (i) above, does not appear before the learned Magistrate at Chennai on or before 19/4/08 as directed in Clause (ii) above and does not report compliance before 26/4/08 as directed in Clause (iii) above, the learned C.J.M., Ernakulam, B.A. No. 1716 of 2008 -: 4 :- shall take appropriate action under Sec.446 of the Cr.P.C. thereafter. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge