IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4234 of 2009() --------------------------------------- CRIME NO.342/2009 OF KOTTAYAM EAST POLICE STATION. PETITIONER: -------------------- JOBY GEORGE, AGED 28, S/O.GEORGE, MANAGER (COLLECTIONS) M/S.ICICI BANK LTD., SKYLINE CITADAL, KANJIKUZHI, KOTTAYAM. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. C.I.OF POLICE, KOTTAYAM EAST POLICE STATION. SRI.M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4234 of 2009 ------------------------------------ Dated this the 3rd day of August, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the 3rd accused in Crime No.342/2009 of Kottayam East Police Station. 2. The offences alleged against the petitioner are under Sections 380 and 120(B) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that with the help of accused Nos.1 and 2, who are goondas, the 3rd accused, the Manger of the I.C.I.C.I Bank repossessed the vehicle belonging to the defacto complainant. The vehicle was in the possession of the defacto complainant, to whom money was lent on hire purchase agreement. The Circle Inspector of police arrested the first accused in connection with another crime. The first accused made a confession statement in which he narrated the incident in the present case. Accordingly, this crime, namely, Crime No.342/2009 was registered by B.A. No.4234 / 2009 Page numbers Kottayam East Police. 4. The case of the petitioner is that he was working in Udaipur branch of the I.C.I.C.I Bank and he came and joined in the Kottayam branch only on 6/06/2009. He was not aware any of the arrangements made earlier and that he is not guilty of the offence. 5. Taking into account the facts and circumstances of the case, the fact that the hirer of the vehicle has not filed any complaint and the fact that the petitioner joined in the particular branch only on 6/06/2009, 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.25,000/- 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 B.A. No.4234 / 2009 Page numbers 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 scm