IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 Bail Appl..No. 9768 of 2011 CRIME NO.296 OF 2011 OF HEMAMBIKA NAGAR POLICE STATION, PALAKKAD. PETITIONER/ACCUSED -------------------------------------- MANOJ M.B., S/O.LATE BHUVANADAS, AGED 48 YEARS, 'ASWATHI', AISWARYA AVENUE, PUTHUR, PALAKKAD. BY ADV. SRI.K.R.VINOD RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 9768 of 2011 ------------------------------------------------------ Dated this the 20th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.296 of 2011 of Hemambika Nagar Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 420, 465 and 468 of the Indian Penal Code. 3. The Crime was registered on the basis of the complaint filed by one R.Jayaprakash before the Judicial Magistrate of the First Class III, Palakkad. The complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The allegation against the petitioner is that he misused the Bail Appl. NO.9768 of 2011 :: 2 :: ATM card of his father Bhuvanadas and withdrew amounts from the account maintained by Bhuvanadas on 29.7.2011 and 29.8.2011. Bhuvanadas expired on 22.7.2011. He was employed in Railways. His pension was also being credited in the bank account. 5. When the Bail Application came up for admission on 6th December, 2011, the following order was passed: “5. The petitioner moved for anticipatory bail before the learned Sessions Judge. That application was dismissed by the order dated 27.10.2011. 6. Paragraph 6 of the order passed by the learned Sessions Judge would indicate that the images of the petitioner were available in the camera placed at the ATM counter and the involvement of the petitioner is revealed from those images. 7. The learned counsel for the petitioner submitted that it is not necessary to arrest the petitioner in this case as his custodial interrogation may not be required in the light of the materials collected by the investigating officer. Bail Appl. NO.9768 of 2011 :: 3 :: 8. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 13.12.2011 or 14.12.2011. 9. Post on 20.12.2011. 10. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.296 of 2011 of Hemambika Nagar Police Station, till 23.12.2011. 11. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioner that Bail Appl. NO.9768 of 2011 :: 4 :: the direction in the order dated 6th December, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 6th December, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; Bail Appl. NO.9768 of 2011 :: 5 :: d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/