IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 7712 of 2008() ------------------------------------ CRIME NO.NOT KNOWN PETITIONER : --------------- JOHNY MATHEW, AGED 46,S/O.MATHEW, KUNNUMPURATHU VEEDU, PALA. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, (CRIME NOT KNOWN) ELOOR POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7712 OF 2008 ------------------------------ Dated this the 23rd day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406, 471, 420 read with 34 of I.P.C. According to prosecution, a contract was entered into between the FACT and a transporting company by name, G & M Transporting Company for transporting sulphuric acid from FACT, Udyogamandal to Cochin Division. Petitioner's lorry was given to the transporting company for the purpose of transportation. Later it was revealed that forgery was committed in the entry pass issued from the Cochin Division to show that sulphuric acid was supplied to the Cochin Division, without there being an actual supply. Thereby, misappropriation, forgery, cheating etc. were committed. 3. Learned counsel for petitioner submitted that petitioner is only an owner of a lorry, who gave his lorry to the transporting company. The company engaged even another driver for the lorry and petitioner has absolutely nothing to do B.A.No.7712 of 2008 2 with the transaction. Even as per the allegations of the prosecution, petitioner is nowhere in the picture. Hence, petitioner may be granted anticipatory bail, it is submitted. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the Investigating Officer and co-operate with the investigation. Subject to that, he has no objection in granting anticipatory bail. On 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 Magistrate court concerned within seven days from today and he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioner shall report before the Investigating Officer within three days from the date of release on bail and co-operate with the investigation and make B.A.No.7712 of 2008 3 himself available for interrogation. ii) Petitioner shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. iii) Petitioner shall report before the Investigating Officer as and when directed for the purpose of investigation. The petition is allowed. K.HEMA, JUDGE pac