IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 7611 of 2007(T) ------------------------------ CRIME NO. 564/07 OF MAVELIKKARA POLICE STATION PETITIONERS/ACCUSED 1 & 2 ------------------------------------------- 1. T.K.UNNIKRISHNAN, AGED 33, S/O.KUTTAPPAN, MANAGING PARTNER, AMC, BBC, ARAVIND BHAVAN, PIRAVOM. 2. C.K.VIMALAN, AGED 55, S/O.NARAYANAN, PARTNER, AMC, BBC, ARAVIND BHAVAN, PIRAVOM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE S.I. OF POLICE, MAVELIKKARA POLICE STATION, (CRIME NO.564/07) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE SRI.RINNY STEPHEN CHAMAPARAMPIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7611 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2 in a crime registered alleging the offence punishable under Section 420 I.P.C. The defacto complainant has also entered appearance. It was represented to the Court that the matter is being settled between the parties. The learned Prosecutor was requested to take instructions. It is now reported that the matter has been settled, subject to terms. An amount of Rs.75,000/- has already been paid to the defacto complainant. The balance amount of Rs. 4 lakhs remain to be paid. Both sides agree that there is an agreement that the balance amount of Rs. 4 lakhs will be paid to the defacto complainant by 31.12.2008. 2. The learned counsel for the petitioners prays, the learned Prosecutor does not oppose the said prayer and I am satisfied that in view of the settlement between the parties, anticipatory bail can be granted to the petitioners, subject to B.A.No. 7611 of 2007 2 appropriate terms and conditions. 3. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 11.2.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 12.2.08 and 13.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioners in custody and take all necessary steps in connection with the investigation. Thereafter they shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. B.A.No. 7611 of 2007 3 © The petitioners shall report to the learned Magistrate by 31.12.2007 that the disputes between them and the alleged victims have all been settled and the balance amount of Rs. 4 lakhs has been paid. Till then the petitioners shall report before the Investigating Officer on the first Monday of all English Calender months between 10 a.m. and 12 noon. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 11.2.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (3) If the petitioners were arrested prior to their surrender on 11.2.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.25,000/- each without any surety undertaking to appear before the learned Magistrate on 11.2.2008. (R. BASANT) tm Judge B.A.No. 7611 of 2007 4