IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 Bail Appl..No. 6241 of 2011 CRIME NO.383 OF 2011 OF VANCHIYOOR POLICE STATION PETITIONER : IST ACCUSED ------------------------------- P.RAJEEVAN,S/O.KANARAN,TC NO.7/1979 (16), D/73-7,VISAKHAM, CHITHIRA NAGAR, PANGODU, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.D.AJITHKUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6241 of 2011 ------------------------------------------------------ Dated this the 16th day of August, 2011 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.383 of 2011 of Vanchiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 120B, 406, 408 and 420 of the Indian Penal Code. 3. The petitioner was the Branch Manager of Gokulam Chits at Thiruvananthapuram. The allegation is that during the period from 8.9.2006 to 7.8.2009, he prized the chits in favour of his benamies and amounts were released without sufficient security. The learned counsel for the petitioner pointed out that the petitioner was suspended on 7.8.2009 on the basis of the audit report and on the basis of the allegations levelled against the Bail Appl. NO.6241 of 2011 :: 2 :: petitioner. However, the First Information Statement was given only on 2.6.2011. 4. When the Bail Application came up for admission on 5th August, 2011, the following order was passed: “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 10th and 11th August, 2011. 5. Post on 16th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.383 of 2011 of Vanchiyoor Police Station, till 19th August, 2011. The petitioner shall produce a copy of this order before the investigating officer. “ 5. It is submitted by the learned counsel for the petitioner Bail Appl. NO.6241 of 2011 :: 3 :: as well as the learned Public Prosecutor that the direction in the order dated 5th August, 2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 5th August, 2011 has been complied with by the petitioner, 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; Bail Appl. NO.6241 of 2011 :: 4 :: d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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 ahz/