IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Bail Appl..No. 3878 of 2010() ----------------------------- (CRIME NO.369/2010 OF THRISSUR EAST POLICE STATION) PETITIONER/ACCUSED -------------------------------------- 1. UNNIKUTTAN, AGED 35 YEARS, S/O.GIRIJAVALLABHAN, KUPPATHIL HOUSE, CHIRAKKAKKODU, MADAKKATHARA, P.O.VELLANIKKARA, THRISSUR DISTRICT. 2. NYCY UNNIKUTTAN, AGED 25 YEARS, W/O.UNNIKUTTAN, KUPPATHIL HOUSE, CHIRAKKAKKODU DESOM, MADAKKATHARA VILLAGE, P.O.VELLANIKKARA, THRISSUR. 3. VIJEESH.V.K., AGED 28 YEARS, S/O.KRISHNAN, VALIYAPARAMBIL HOUSE, CHIRAKKAKODU DESOM, MADAKKATHARA VILLAGE, P.O.VELLANIKKARA, THRISSUR. BY ADV. SMT.DHANYA P.ASHOKAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.I. OF POLICE, TOWN EAST POLICE STATION, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3878 OF 2010 -------------------------------- Dated this the 2nd day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offences are under Sections 120(B), 403, 406, 420 r/w 34 of IPC. According to prosecution, first accused availed a loan from de facto complainant's finance company for purchase of a vehicle. Second and third accused were the guaranteers. Accused defaulted payment and thereafter, vehicle was allegedly sold to some other person. Thereby, accused committed various offences. 3. Petitioners are accused numbers 1 to 3. Learned counsel for petitioners submitted that first accused purchased a vehicle on loan given by de facto complainant. Vehicle was also hypothecated. De facto complainant initiated arbitration proceedings, since there were defaults in payment of instalments. Petitioners co-operated with the said proceedings. The vehicle was in possession of first accused, but when it was given for repair, it was seized by police. It is not correct to say that it was sold to any other person. 4. Learned Public Prosecutor submitted that the vehicle is seized and that it is found during invesitgation that the vehicle was not sold out, as stated in complaint. This petition is not opposed. B.A No.3878 OF 2010 2 On hearing both sides, I am satisfied that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed. (1) Petitioners shall surrender before the Magistrate Court concerned within seven days from today. (2) On such surrender, if petitioners are arrested, they 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) Petitioners shall not influence or intimidate any witnesses or tamper with any evidence. Petition is allowed. K.HEMA JUDGE vdv