IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 20TH NOVEMBER 2006 / 29TH KARTHIKA 1928 Bail Appl..No. 5685 of 2006() ----------------------------- CRIME NO.370/06 OF PALARIVATTOM POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ K.P. RATHEESH, AGED 27, S/O. PURUSHOTHAMAN, KADAVIL HOUSE, VENNALA P.O., KOCHI-28. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT: COMPLAINANT: --------------------------------- STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, PALARIVATTOM POLICE STATION (CRIME 370/06) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRI JAI GEORGE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. - - - - - - - - - - - - - - - - - BAIL APPLICATION NO. 5685 OF 2006 - - - - - - - - - ----------------------- - - - - - - DATED THIS THE 20TH DAY OF NOVEMBER, 2006 O R D E R Petitioner who is the sole accused in Crime No.370/06 of Palarivattom Police Station and which presently stands transferred to the VACB, Ernakulam and re-registered as V.C.No.3/06 for offences offences punishable under Sections 409 and 420 I.P.C., seeks anticipatory bail. 2. Even though the learned Public Prosecutor opposed the application, having regard to the fact that out of the amounts allegedly misappropriated by the petitioner in his capacity as a cashier, he has subsequently deposited a substantial portion of the amount and the dispute which now survives is regarding a sum of Rs.23,350, I am inclined to grant anticipatory bail to the petitioner on appropriate conditions safeguarding the interest of the prosecution as well. Accordingly, a direction is issued to the Officer investigating the case to release the petitioner on bail for a period of one month in the event of his arrest in connection with the above crime on his executing a bond for Rs.10,000/- with two solvent sureties each for the like amount to the satisfaction of the said officer and subject to the following conditions: B.A.NO.5685 Page numbers 1. Petitioner shall deposit a sum of Rs.23,350/- in the KSEB within two weeks from today. 2. Petitioner shall report before the Investigating Officer between 9 a.m. and 11 a.m. on all Thursdays. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence for the prosecution. 4. Petitioner shall not commit any offence while on bail. 5. Petitioner shall surrender before the Magistrate concerned and seek regular bail in the meanwhile. If the petitioner commits breach of any of the above conditions, the bail granted to him shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR,JUDGE. dsn