IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 106 of 2008() ---------------------------- CRMP.1508/2007 of DISTRICT COURT, KALPETTA CRIME NO.460/07 OF S. BATHERY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- ANILKUMAR N.K.,S/O.KRISHNAN AGED 40 YEARS,NEDIYEDATH HOUSE,KUPPADI VILLAGE S.BATHERY TALUK, WAYANAD DISTRICT. BY ADV. SRI.N.J.ANTONY RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, S.BATHERY 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 106 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of January, 2008 O R D E R Application for anticipatory bail. The petitioner is the sole accused. He faces allegations in a crime registered under Section 420 I.P.C. Crime has been registered on the basis of a private complaint filed by the defacto complainant. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The crux of the allegations against the petitioner is that he had sold the property to the defacto complainant suppressing the earlier transactions in respect of the same property with a bank. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that directions under Section 438 Cr.P.C. can be issued in favour of the petitioner. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail. Subject to B.A.No. 106 of 2008 2 appropriate conditions, anticipatory bail can be granted to the petitioner, I am satisfied. 3. 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 1.2.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 2.2.08 and 3.2.2008. During this period, the investigators shall be at liberty to interrogate the petitioner in custody and take all necessary steps in connection with the investigation. Thereafter he shall appear before the Investigating Officer on all Mondays and Fridays between 10 a.m. and B.A.No. 106 of 2008 3 12 noon for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 1.2.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 1.2.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 1.2.2008. (R. BASANT) Judge tm