IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 Bail Appl..No. 5349 of 2011() ----------------------------- CRMP.1882/2011 of DISTRICT COURT, PALAKKAD CRIME NO.981/2010 OF OTTAPALAM POLICE STATION PALAKKAD DISTRICT .................... PETITIONER/ACCUSED : ----------------------- MOHANDAS, S/O.DAMODARAN NAIR, AGED 50 YEARS, "AISWARYA", MATHURMANA ROAD, OTTAPALAM TALUK, PALAKKAD. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, OTTAPALAM POLICE STATION, P.O.OTTAPALAM-679 101, PALAKKAD DISTRICT. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5349 of 2011 ---------------------------------------------- Dated this the 21st day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.981 of 2010 of Ottapalam Police Station, Palakkad District. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the petitioner was an employee of the de facto complainant in a gulf country and while in service, the petitioner misappropriated a sum of Rupees Forty five lakhs and odd belonging to the de facto complainant. 4. When the Bail Application came up for admission on 11/07/2011, 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 Bail Appln.No.5349/2011 : 2 : investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th July, 2011. 5. Post on 21st July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.981 of 2010 of Ottapalam Police Station, until further orders”. 5. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 11/07/2011 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 11/07/2011 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: Bail Appln.No.5349/2011 : 3 : a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all 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. 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 skj