IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 26TH AUGUST 2008 / 4TH BHADRA 1930 Bail Appl..No. 4865 of 2008() ----------------------------- CRIME NO.544/08 OF PUNALUR POLICE STATION PETITIONER ----------------- G.PRAKASH, PAVITHRA, POOVANNUMOODU, PIRAVANTHOOR, PUNALUR. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 2. SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, KOLLAM. BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4865 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of August,2008 O R D E R Application for anticipatory bail. 2. On a complaint filed by defacto-complainant alleging that petitioner along with other accused allegedly restrained him, abused him, and beat him etc. on 13-6-2008 and that a mini lorry was obtained by petitioner by cheating defacto-complainant and that a motor bike was stolen away by petitioner, a crime was registered against petitioner and others under sections 420, 379, 341, 294(b), 323 and 34 IPC. 3. Learned counsel for petitioner submitted that petitioner is totally innocent of the allegations made. He is implicated as the 1st accused in the crime. As per the allegations in the complaint, petitioner has been seducing defacto-complainant's wife and he had also committed cheating in respect of the lorry in the year 2005. It is alleged that the motor bike was stolen away in 2006. It is also alleged that defacto-complainant was assaulted on 13-6-2008. 4. But with respect to all the three incidents, which occurred in 2005, 2006 and 2008, a complaint was lodged only on 4-7-2008. Learned counsel for the petitioner submitted that defacto-complainant was having some misapprehension, which is baseless against petitioner. Two vehicles were purchased by petitioner as per agreements dated 16-12-2005 and 1.4.2006 as evidenced by BA.4865/08 2 Annexures-2 and 3. But, false allegations are made after two-three years thereafter and hence anticipatory bail may be granted to the petitioner. 5. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer for interrogation and subject to this, he has no objection in granting anticipatory bail to the petitioner. 6. After hearing both sides, I am satisfied that anticipatory bail can be granted to petitioner on conditions. Hence, the following order is passed:- Petitioner shall surrender before the Investigating Officer within seven days from today and in the event of his arrest, if any, he shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the arresting officer on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not commit any offence while on bail and in case of breach of this condition, bail is liable to be cancelled The application is allowed as above. K. HEMA, JUDGE. mn.