IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 5771 of 2008() ----------------------------- CRIME NO. 384/2008 OF PAVARATTY POLICE STATION PETITIONER:ACCUSED 2 & 3 --------------------------------------------- 1. V.K.BRAHMADAS, S/O. KARUPPAN, VENKIDANGU CHAVAKKAD. 2. V.K.SIVADAS, S/O. KARUPPAN, VENKIDANGU, CHAVAKKAD. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5771 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 406 and 420 read with section 34 IPC. According to prosecution, 1st accused is a partnership firm. Accused 2 and 3 (petitioners) are partners in the firm. De facto complainant deposited an amount of Rs.78,000/- in the firm promising to give interest. But, they failed to pay interest after 2002. They also failed to return the amount in deposit. Thereby, they misappropriated the amount and committed the offences in furtherance of common intention. 3. Learned counsel for petitioners submitted that de facto complainant deposited an amount of Rs.78,000/- and interest was being paid from time to time, but after 2002, there was some fall in the business and because of financial constrains, amount could not be paid. A Samithy was formed and a statement was prepared for payment to be effected to various depositors and copy is produced as Annexure—B and Rs.80 lakhs are already disbursed to various depositors. De facto complainant will also be paid and this fact is clear from the schedule Annexure-B. There was no intention to misappropriate the amount or commit the BA 5771/08 -2- offence, it is submitted. Learned counsel for petitioners also submitted that the complaint itself is filed only after six years of the grievance. 4. Learned Public Prosecutor submitted that petitioners (A2 and A3) may be directed to surrender before the Investigating Officer and co-operate with the investigation. Subject to this condition, he has no objection in granting anticipatory bail to petitioners. 5. Hence, the following order is passed:- (1) Petitioners shall surrender before the Investigating Officer within seven days from today and in the event of their arrest, they shall be released on bail, on their executing a bond for Rs. 25,000/- each with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioners shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail. BA 5771/08 -3- ii) Petitioners shall report before the Investigating Officer as and when directed and co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE. mn.