IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 Bail Appl..No. 5121 of 2008() ----------------------------- CRIME NO.372/07 OF PUNALUR POLICE STATION PETITIONER/ACCUASED ------------------------------------ M.G.PRASEEDU, MAVUNILKUNNATHIL VADAKKETHIL KAIPUZHA NORTH P.O., KULANADA. BY ADV. SRI.K.SASIKUMAR RESPONDENTS: RESPONDENTS ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.5121 of 2008 ----------------------------------------- Dated this the 18th August, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 409 of Indian Penal Code. According to prosecution, the petitioner, who is the Sub Post Master, allegedly committed breach of trust and misappropriated Rs.14,464/- by non recording of the amount received from Mahila Pradhan Agents. 3. Learned counsel for petitioner submitted that the petitioner has undergone a departmental enquiry and he was reinstated in service. The petitioner has also remitted the whole amount during the course of enquiry. He is prepared to surrender before the investigating officer and make himself available for interrogation and he may be granted anticipatory bail. 4. Learned Public Prosecutor submitted that a direction may be given to the petitioner to surrender before the investigating officer and make himself available for BA.5121/08 2 interrogation and subject to that condition, he has no objection in granting anticipatory bail to the petitioner. Hence, the following order is passed: i) Petitioner shall surrender before the investigating officer within seven days from the date of this order and make himself available for interrogation. ii) Thereafter, if the petitioner is arrested, he shall be produced before the learned Magistrate concerned in accordance with law. iii) Thereafter, on production of the petitioner before the learned Magistrate, if any bail application is filed, the petitioner 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 learned Magistrate on the following conditions: (1) Petitioner shall report before the investigating officer as and when directed. (2) petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.