IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 Bail Appl..No. 768 of 2009() ---------------------------- CRIME NO.278/08 OF THAMPANOOR POLICE STATION PETITIONER/2ND ACCUSED ------------------------------------------ GOPINATHAN NAIR.N.K, AGED 67 YRS, TC 9/1936,K 172,KOTTARA LANE, THIRUVANANTHAPURAM THIRUVANANTHAPURAM,(FORMER,SECRETARY,TRIVANDRUM DIST.CO-OPERATIVE TOURISM DEVELOPMENT SOCIETY LTD, NO T 1482) BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 768 of 2009 ----------------------------------------- Dated this the 18th February, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 34 of the Indian Penal Code. According to prosecution, de facto complainant was offered a job in the Co-operative Society and she was persuaded to deposit Rs.1,00,000/- as fixed deposit for getting the job. She was given job and she worked for four months and salary was given only for two months. Later, when she demanded return of money, she was not paid. 3. Learned counsel for petitioner submitted that petitioner is only a Secretary in the Society. De facto complainant was given a receipt while receiving Rs.1,00,000/- as fixed deposit. the amount can be returned to her on receipt, but the Board of Directors has to take a decision. Petitioner, being the Secretary, cannot do anything in the matter and he has not committed any offence. Petitioner is not working as Secretary now. BA.768/09 2 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the investigating officer and co-operate with the investigation and subject to that, he has no objection in granting anticipatory bail to petitioner. 5. On hearing both sides, I find that anticipatory bail can be granted to petitioner and the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the Magistrate Court concerned, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioner shall not tamper with evidence or influence the witnesses or intimidate them or commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.