IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2196 of 2009 CRIME NO.47 OF 2009 OF BANDARA WEST POLICE STATION PETITIONER: 1ST ACCUSED ------------------------------ VINEETH KUMAR, S/O. DR.PADMA KUMAR, T.C.NO.6/2001, PRASHANT NAGAR, ULLOOR MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER BANDRA, WEST POLICE STAITON, MUMBAI. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2196 OF 2009 ------------------------------------------------------ Dated this the 27th May, 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 accused No.1 in Crime No.47 of 2009 of the Bandra West Police Station, Mumbai 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The petitioner is a resident of Thiruvananthapuram. It is stated that he joined in India Infoline, Mumbai as management trainee on 16.1.2007 for a period of six months. It is further stated that in that capacity he had to canvass clients and to provide service, which includes mutual funds, commodity broking etc. The petitioner states that at the request of one Vishal, a junior colleague of the petitioner, the petitioner met one Miss Arti Gunjikar in Bandra, who made a deposit of Rs.555/- with the Company for opening an account. She transacted business with the Company. It would appear that there was loss in Miss Arti Gunjikar's account and she filed a complaint to the police alleging offence under Section 428 against the Company, the petitioner and the officials of the B.A. NO. 2196 OF 2009 :: 2 :: Company. The petitioner states that he has not received any amount. He apprehends arrest. 4. 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, he shall be released on bail for a period of one month on his executing bond for Rs.50,000/- 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 court having jurisdiction to try the case involving Crime No.47 of 2009 of Bandra Police Station within a period of one month from the date of arrest. 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. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/