IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Bail Appl..No. 709 of 2008() ---------------------------- CRIME NO.84/08 OF ADOOR POLICE STATION : PETITIONERS/ACCUSED NO.2 & 3 --------------------------------------------- 1. SANTHOSH KUMAR, S/O.SUKUMARAN NAIR, PULARI, MANTHANAM P.O., KANNANTHANAM, KOTTAYAM. 2. NAVEEN BABU, S/O.JAYABAL TIT BITI BIDDIQS, PATHANAMTHITTA. BY ADV. SRI. K.SHAJ SRI.B.BALRAJ SRI.SAJJU.S RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.709 of 2008 ------------------------------------- Dated this the 7th day of February, 2008 ORDER Application for anticipatory bail. Petitioners are accused 2 and 3. Altogether there are 4 accused persons. The crux of the allegations is that the petitioners, who are employees of a new generation bank, had forcibly dispossessed the defacto complainant of a vehicle in respect of which a financial arrangement has been availed from the said bank. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners had not committed any offence and that they are willing to co-operate with the investigator. They are willing to produce the vehicle before the investigator as and when directed by this Court, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor does not oppose the application, but only submits that appropriate conditions may be imposed in the interests of a fair, efficient and expeditious investigation. B.A.No.709 of 2008 2 4. I am satisfied that anticipatory bail can be granted to the petitioners. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. Appropriate conditions can of course be imposed in the interests of a proper investigation. 5. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. a) The petitioners shall produce the vehicle before the Investigating Officer on or before 14.02.08; b) The petitioners shall appear before the learned Magistrate at 11 a.m on 15.02.08. They shall be enlarged on regular bail on condition that i) The petitioners satisfy the learned Magistrate that condition (a) above has been satisfied; ii) 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; c) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m and B.A.No.709 of 2008 3 3 p.m on 16.02.08 and 17.02.08 and thereafter as and when directed by the Investigating Officer in writing to do so; d) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law as if those directions were not issued at all; e) If the petitioners were arrested prior to their surrender on 15.02.08 as directed in clause (1) above, they shall be released from custody on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each without any sureties undertaking to appear before the learned Magistrate on 15.02.08. (R.BASANT, JUDGE) rtr/-