IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 Bail Appl..No. 5750 of 2009() ----------------------------------- CRIME NO. 1243/2009 OF PALARIVATTOM POLICE STATION .................... PETITIONER/ACCUSED: ------------------------------------ 1. VINEESH CHANDRAN AGED 23, S/O.CHANDRAN, MANDANATH HOUSE, IRUMPANAM PO. 2. SURJITH M.R., AGED 24 S/O.RAVI, MANGATTUMKKIYIL HOUSE, PAMPAKKUDA PO, MAMURI VILLAGE, PIRAVOM TALUK. BY ADVS. SRI.C.P.UDAYABHANU & SRI.R.HARIKRISHNAN RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE S.I.OF POLICE, PALARIVATTOM POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5750 of 2009 ------------------------------------ Dated this the 24th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 2 and 3 in Crime No.1243/2009 of Palarivattom Police Station. 2. The offences alleged against the petitioners are under Sections 120-B, 408, 465 and 477 read with Section 34 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 26.10.2009, the following order was passed: “The petitioners are accused Nos.2 and 3 in Crime No.1243 of 2009 of Palarivattom Police Station. The defacto complainant filed a complaint before the court of the Judicial Magistrate of the First Class-I, Ernakulam which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. B.A. No. 5750 of 2009 2 2. The allegation is that the petitioners who were working in the defacto complainant's construction company forged vouchers and bills and misappropriated about a sum of Rs.29 lakhs. It is also stated that the internal audit revealed the misappropriation of amount. 3. The learned counsel for the petitioners submitted that the petitioners resigned from the company and joined the service of another company. The defacto complainant did not like the same and therefore, a case was foisted against the petitioners. It is also submitted by the learned counsel for the petitioners that the petitioners are prepared to co-operate with the investigating officer and that they are also prepared to furnish any relevant information or documents. The counsel also pointed out that the petitioners are prepared to give their specimen signature and if necessary, finger prints to the investigating officer. It is submitted that if the petitioners are arrested and detained in judicial custody, it would seriously affect their professional career. B.A. No. 5750 of 2009 3 4. Taking into account the facts and circumstances of the case, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 A.M. on 2.11.2009 and 3.11.2009 and also on 9.11.2009 and 10.11.2009. Post on 13th November 2009. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.1243 of 2009 of Palarivattom Police Station. Hand over copy to both sides.” 4. It is submitted by the learned counsel for the petitioners and the learned Public Prosecutor that the petitioners have complied with the direction contained in the order dated 26.10.2009. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. B.A. No. 5750 of 2009 4 There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs. 15,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 ln