IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Bail Appl..No. 2799 of 2010() ----------------------------- (CRIME NO.2069/2010 OF THE ERNAKULAM TOWN NORTH POLICE STATION) PETITIONERS/ACCUSED --------------------------------------- 1. MUHAMMED SIRAJUDHEEN, AGED 55 YEARS, S/O.NAINAR MUHAMEED, T.C.11/640, USHAS, NANTHANCODE, KOWDIAR, PRESENTLY WORKING AS THE MANAGING DIRECTOR, SUJINA MANPOWER CONSULTANCY, COCHIN. 2. AHAMMED KABEER, AGED 31 YEARS, S/O.MUHAMMED HANEEFA, T.C.30/1855, VARUVILAKATH VEEDU, MOONNAMMANACKAL HOUSE, PETTA P.O., TRIVANDRUM-PRESENTLY WORKING AS THE MANAGER, MANPOWER CONSULTANCY, COCHIN. BY ADV. SMT.A.P.LALY @ LALY VINCENT RESPONDENT(S): STATE -------------------- 1. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, ERNAKULAM. 2. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.2799 OF 2010 -------------------------------- Dated this the 11th day of June 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 406, 420 r/w 34 of IPC. According to prosecution, petitioners who are the Managing Director and Manager of a consultancy had taken the valuable documents such as S.S.L.C book, passport from the de facto complainant for arranging a visa. But, they did not arrange the visa and failed to return certain documents. 3. Learned counsel for petitioners submitted that the documents pertaining to the de facto complainant were sent to the relevant office at Abudabi. But, to the knowledge of the petitioner, those documents were either misplaced or stolen. Petitioner is not responsible for the loss but on a complaint made by de facto complainant, a crime is registered against the petitioners. As per the direction of this court, petitioner appeared before the Investigating Officer and and explained his non- involvement and innocence. 4. Learned Public Prosecutor submitted that this petition is not opposed and conditions may be imposed while granting anticipatory bail. B.A No.2799 OF 2010 2 5. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner. Hence the following order is passed: (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, petitioners shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate on the following conditions: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. (ii) Petitioner shall not influence or intimidate any witnesses or tamper with any evidence. Petition is allowed. K.HEMA JUDGE vdv