IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1200 of 2008() ----------------------------- CRIME NO. 56/08 OF KOLLAM EAST POLICE STATION CRMP.396/2008 of D.C. & SESSIONS COURT,KOLLAM .................... PETITIONER: ---------------------------- R. SUGATHAN, S/O. RAGHAVAN, AGED 53 YEARS, PEEDIYATH VILA, THEKKEMURI, EAST KALLADA P.O., KOLLAM DISTRICT. BY ADV. SMT.K.S.SAIRA RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1200 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for anticipatory bail. The petitioner is an administrative staff of the Police Department. He, while working as Junior Superintendent, had the responsibilities of the Police Co-operative Society also. As Cashier of the Society, he had allegedly temporarily misappropriated an amount of Rs.28,247/- during the period 1.6.07 to 16.6.07, an amount of Rs.34,259/- during the period 2.7.07 to 5.7.07 and an amount of Rs.3,279/- from 5.7.07 to 9.7.2007. This is the crux of the allegations against the petitioner. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the allegations even if accepted in toto, reveal only a delay in making the payment. It would be presumptuous now to assume that this gap in time in payment amounts to criminal misappropriation. In any view of the matter, custodial B.A.No. 1200 of 2008 2 interrogation of the petitioner is not absolutely necessary. He shall co- operate with the Investigators. Subject to appropriate conditions, the petitioner may be granted anticipatory bail, it is prayed. 3. The learned Prosecutor does not oppose the application, but submits that appropriate conditions may be imposed to ensure a fair, efficient and expeditious investigation. 4. I am satisfied that appropriate directions, subject to appropriate conditions, can be issued under Section 438 Cr.P.C. in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 7.3.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No. 1200 of 2008 3 (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 5 p.m. on 10.3.2008 and 11.3.2008 and thereafter on all Mondays between 10 a.m. and 12 noon for a period of two months and subsequently as and when directed by the Investigating Officer in writing to do so. (d) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 7.3.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (e) If the petitioner were arrested prior to his surrender on 7.3.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.50,000/- without any surety undertaking to appear before the learned Magistrate on 7.3.2008. (R. BASANT) Judge tm