IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 6261 of 2008() ----------------------------- CRIME NO.678/08 OF KANNUR POLICE STATION PETITIONERS ------------------------------- VASANT SAMPATH MANAGING DIRECTOR, HARIN BIO-TECH INTERNATIONAL (P) LTD, FACTORY AND ENGINEERING WORKS SAMMANNUR, MARANDHALI P.O.,DHARMAPURI DISTRICT TAMIL NADU. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE KANNUR POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.6261 of 2008 ----------------------------------------- Dated this the 13th October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406 and 420 of Indian Penal Code. According to prosecution, the de facto complainant advanced a huge amount of money for supply of machineries to start manufacturing units of coconut oil and after having obtained Rs.14,30,000/-, the petitioner failed to supply the same or return the money, and the petitioner committed offences under Sections 406 and 420 IPC. 3. Learned counsel for petitioner submitted that there is only a breach of contract. There is no element of deception. As per a notice issued to the petitioner, on instruction from the Managing Director of the de facto complainant Society, only an amount of Rs.5,72,000/- is the estimated loss sustained. It is also submitted that in the notice itself it is mentioned that only to certain units, the articles are not supplied. The petitioner is prepared to abide by any condition as imposed by this Court and hence, anticipatory bail may be granted to the petitioner. 4. Learned Public Prosecutor submitted that the de facto complainant is the Kerala State Rubber Marketing Co-operative Society (Rubco) and it sustained a huge loss because of the act committed by the petitioner and though the transaction has taken place as early as in 2006 and huge money was also given, the articles are not yet supplied. On hearing both sides and considering the rival contentions, I pass the following order: BA.6261/08 2 Petitioner shall surrender before the investigating officer within seven days from today and make himself available for interrogation and co- operate with the investigation and thereafter, if the petitioner is arrested, he shall be produced before the Magistrate Court concerned and if any bail application is filed, the petitioner shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the following conditions: i) Petitioner shall produce before the Magistrate concerned, a Fixed Deposit receipt for Rs.6,00,000/- drawn in the name of the de facto complainant within seven days from today. ii) Petitioner shall report before the investigating officer as and when directed. iii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.