IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 Bail Appl..No. 42 of 2009() ---------------------------------------- (CRIME NO.162 OF 2008 OF CHADAYAMANGALAM POLICE STATION) PETITIONER(S): ACCUSED NO.6: -------------------------------------------------- MANOJ.K.P, S/O. KARUNAKARAN NAIR, SREE RAMGAM, CHOOTAYIL, KILIMANOOR.P.O, KILIMANOOR VILLAGE. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): STATE: --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHADAYAMANGALAM POLICE STATION. PUBLIC PROSECUTORSRI. M.S. BREEZ FOR R1 & R2 THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/01/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K. HEMA, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= B.A. No. 42 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of January,2009 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 and 34 IPC. According to prosecution, accused 1 to 6 are all partners in a private bank. They canvassed deposits and de facto complainant deposited Rs.3 lakhs in the bank and they failed to return the amount and thereby cheated de facto complainant. 3. Learned counsel for petitioner submitted that petitioner is 6th accused in the crime who is brother-in-law of 1st accused. The 1st accused is the person who is running of the business and there is no allegation that petitioner in any manner persuaded or induced de facto complainant to make deposit. It is also submitted that co-accused were granted anticipatory bail and hence, petitioner may also be granted anticipatory bail. 4. Learned Public Prosecutor submitted that petitioner may be directed to surrender before the police, since he is required for interrogation, on the allegation of concealment of records. Subject to that, he has no objection in granting anticipatory bail, it is submitted. 5. On hearing both sides, I find that anticipatory bail can be granted. Hence, the following order is passed:- BA 42/2009 -2- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and he shall co-operate with the investigation and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he shall be released on bail, on his executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioner shall make himself available for interrogation by the Investigating Officer as and when directed. ii) Petitioner shall not commit any offence while on bail. This petition is allowed. K.HEMA, JUDGE. mn.