IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Bail Appl..No. 7304 of 2009() --------------------------------- CRIME NO. 111/2009 OF KASARAGOD POLICE STATION ........................ PETITIONER/ACCUSED : ----------------------------- KRISHNAPRASAD, MANAGER, MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED KASARAGOD. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENT/COMPLAINANT: ----------------------------------- STATE OF KERALA, REPRESENTED BY SHO, KASARAGOD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 7304 of 2009 ------------------------------------ Dated this the 22nd day of December, 2009 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.111/2009 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 17 and 18-A-6(A) of the Kerala Money Lenders Act. 3. When the Bail Application came up for hearing on 14.12.2009, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 17th and 18th December, 2009. The petitioner shall produce a copy of the order before the investigating officer. B.A. No. 7304 of 2009 2 Post on 22.12.2009. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.111/2009 of Kasaragod Police Station. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioner and the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 14.12.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 Rs. 15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioner shall appear before the investigating officer for interrogation as and when required; B.A. No. 7304 of 2009 3 B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln