IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 Bail Appl..No. 5421 of 2009() ----------------------------- CRIME NO.845/2009 OF KUNNAMKULAM POLICE STATION, THRISSUR .................... APPLICANT/ACCUSED ------------------------------------- KRISHNAN, AGED 58 YEARS, S/O.VADAKKUMCHERI SANKARAN, KECHERI DESOM, ERNELLUR VILLAGE, TALAPILLY TALUK, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I.OF POLICE, KUNNAMKULAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5421 of 2009 --------------------------------------------- Dated this the 6th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.845 of 2009 of Kunnamkulam Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 406 and 420 of the Indian Penal Code. 3. The de facto complainant filed a complaint before the Judicial Magistrate of the First Class, Kunnamkulam which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The allegation is that the petitioner received Rs.37 lakhs from the defacto complainant on the promise that the amount would be utilised in real estate business and the profits would be shared between them. It is submitted by the learned counsel for the petitioner that the petitioner filed a complaint against the de facto complainant which was registered as Crime No.809 of 2009 of Kunnamkulam Police Station alleging offences under Sections 406, 420, 468 BA No.5421/2009 2 and 471 read with Section 34 of the Indian Penal Code 4. 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 petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner 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 csl BA No.5421/2009 3