IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2224 of 2008() ----------------------------- PETITIONER: ACCUSED ------------------------ T.P.SURESHKUMAR AGED 35 YEARS, S/O. UPPERAN THEKKEPOYIL VEEDU, P.O. THAMARASSERI BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT & STATE: ------------- 1. THE SUB INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, KOZHIKODE 2. THE SUB INSPECTOR OF POLICE THAMARASSERY POLICE STATION, KOZHIKODE 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2224 of 2008 ---------------------------------------- Dated this the 10th day of April 2008 O R D E R Application for anticipatory bail. The petitioner apprehends arrest on the allegation that he has committed non- bailable offence. The petitioner did not specify the details of the crime; but stated that he apprehends arrest at the hands of the officials of the Medical College police station and the Thamarassery police station. 2. The learned Public Prosecutor, after taking instructions, submits that the petitioner is not required to be arrested in crime No.140/08 which is registered arraying the principals of the petitioner as accused 1 and 2. The petitioner is not required to be arrested in that crime registered as crime No.140/08, submits the learned Public Prosecutor. The learned Public Prosecutor however submits that the petitioner is required to be arrested as accused in crime No.302/2008 of Thamarassery police station registered inter alia under Sections 406 and 471 I.P.C. In the said crime, the petitioner is the third accused. His principals who run a financial establishment are arrayed as accused 1 and 2. The crux of the allegations is that the de facto complainant was introduced to accused 1 and 2 by B.A.No.2224/08 2 the petitioner/third accused, employee of the said financial establishment. The amount was entrusted but the needful was not done and the de facto complainant alleged that he was fraudulently deceived by the accused persons. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can be granted anticipatory bail. In coming to this conclusion, I take note of the circumstance that the petitioner is even admittedly only an employee of accused 1 and 2. Appropriate conditions can of course be imposed. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 17/04/2008. He shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m B.A.No.2224/08 3 and 3 p.m on 18/04/2008 and 19/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays between 10 a.m and 12 noon for a period of one month and subsequently as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 17/04/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 17/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2224/08 4 B.A.No.2224/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007