IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 74TH MAGHA 1929 Bail Appl..No. 828 of 2008() ---------------------------- CRIME NO.303/05 OF PALLICKAL POLICE STATION : PETITIONER/IST ACCUSED --------------------------------------- K.R.VASANTHAKUMAR, S/O.RAGHAVAN, K.R.GARDENS, KATTUPUTHUSSERI, KUDAVOOR VILLAGE, NAVAIKULAM P.O. THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.D.KISHORE RESPONDENTS: STATE AND COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PALLICKAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008 ALONGWITH B.A.NOS.830 AND 839 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.828, 830 and 839 of 2008 ------------------------------------- Dated this the 13th day of February, 2008 ORDER These applications by the common petitioner are for anticipatory bail. He faces identical allegations in 3 different crimes, all registered for offences punishable, inter alia, under Section 420 I.P.C. All the 3 crimes have been registered on the basis of private complaints filed before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The crux of the allegations in all the 3 crimes is that the petitioner was responsible for running a business establishment which collected deposits from the members of the public and has now failed to return the money to the depositors. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that earlier also other crimes were registered raising identical allegations. The petitioner has been enlarged on bail in those cases. The petitioner is willing to abide by any reasonable terms and to co-operate with the investigators. The petitioner may not be subjected to the trauma of arrest and detention. Every effort B.A.Nos.828, 830 and 839 of 2008 2 is being made by the petitioner and his company to discharge the liability to the deposit holders, it is urged. The allegations in substance can constitute only a civil liability and no culpable liability is at all revealed, it is submitted. 3. The learned Public Prosecutor does not oppose the application, but submits that the State has no objection in anticipatory bail being granted to the petitioner subject to appropriate terms and conditions which shall ensure the interests of a fair, efficient and expeditious investigation. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted anticipatory bail in all these 3 crimes subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 5. In the result, these Bail Applications are, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 20.02.2008. He shall be enlarged on regular bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) in each case with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; B.A.Nos.828, 830 and 839 of 2008 3 ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 5 p.m on 21.02.08, 22.02.08 and 23.02.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months 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 those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 20.02.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) in each case without any sureties undertaking to appear before the learned Magistrate on 20.02.08. B.A.Nos.828, 830 and 839 of 2008 4 6. I take note of the submission of the learned Public Prosecutor that the investigation is being conducted by the C.B.C.I.D and the petitioner has to appear before the Superintendent of Police, CBCID SIG-I, Trivandrum. (R.BASANT, JUDGE) rtr/-