IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.M.P.(M) No.624 of 2008 Decided on: July 09, 2008. Narain Dass …Petitioner. VERSUS State of Himachal Pradesh ….Respondent. Coram The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 No For the Petitioner: Ms Radhika Gautam, Advocate. For the respondent: Mr A.K.Bansal, Addl.A.G. Kuldip Singh, Judge (Oral) The petitioner has filed this petition under Section 438 Cr.P.C. in F.I.R.No.77 dated 2.7.2008 registered at Police Station, Parwanoo, District Solan, under Sections 420, 467, 471, 120-B I.P.C. The status report has been filed by the respondent. 2. Heard and perused the record. On behalf of the petitioner, it has been submitted that the petitioner is presently serving as Branch Manager, Jogindra Central Cooperative Bank, Soban Manjara, Tehsil Nalagarh, District Solan. On the complaint of one Tulsi Dass under Section 156(3) Cr.P.C. the learned Additional Chief Judicial Magistrate, Kasauli on 17.6.2008 has directed the police to conduct investigation. In the present case, the petitioner has filed the papers of one Achhari Devi but in connected Cr.MP(M) Whether the reporters of the local papers may be allowed to see the judgment? Yes …2… No.625 of 2008 which is also fixed today, papers of Tulsi Dass have been filed in that petition. The fact remains that the learned Additional Chief Judicial Magistrate on the complaint of Tulsi Dass ordered investigation by the police. The learned counsel for the petitioner has submitted that on account of registration of the case against the petitioner on the basis of complaint of Tulsi Dass and direction of learned Additional Chief Judicial Magistrate to investigate the matter, the petitioner apprehends his arrest in F.I.R. No.77 dated 2.7.2008. 3. The learned Additional Advocate General, on instructions received from A.S.I. Prithvi Singh, who is present in the Court, has stated that police is investigating into the matter. The allegations made by the complainant are under the process of investigation. The learned Additional Advocate General has, however, submitted that he has no objection if at this stage the petitioner is released on bail under Section 438 Cr.P.C. with the condition that the petitioner shall continue to join the investigation as and when called by the concerned Investigating Officer and in case he shall not join and co-operate in the investigation then right of the respondent may be reserved for approaching this Court for cancellation of the bail. 4. In view of the statement of learned Additional Advocate General, the application is allowed. In the event of arrest of the petitioner, he is ordered to be released on bail under Section 438 Cr.P.C. in F.I.R.No.77 dated 2.7.2008 registered at Police Station, Parwanoo, District Solan, under Sections 420, 467, 471, 120-B I.P.C. on his furnishing personal bond in the sum of Rs.10,000 with one …3… surety of the like amount to the satisfaction of the Arresting Officer. It is made clear that the petitioner shall join the investigation as and when called by the concerned Investigating Officer and shall co- operate in the investigation. He shall not tamper with the evidence and terrorize the prosecution witnesses. The liberty is given to the respondent to approach this Court for cancellation of bail of the petitioner in case the petitioner shall not co-operate in the investigation. On these terms, the application is disposed of. Copy dasti, on usual terms. July 09, 2008 ( Kuldip Singh ), J. (soni)