IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 Bail Appl..No. 4123 of 2010() ----------------------------- CMP.5082/2010 of J.M.F.C.,THIRUVALLA .................... (CRIME NO.(NOT KNOWN) OF THIRUVALLA POLICE STATION) .. PETITIONER: ---------------------- P.S.SHIBU, S/O.SADASIVAN PILLAI, AGED 33 YEARS, KALAYILPPILLIL HOUSE, VALLICHIRA P.O., PALA, KOTTAYAM DISTRICT. BY ADV. SRI.JAI GEORGE RESPONDENT(S): ---------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss K.HEMA, J. ------------------ B.A. No. 4123 of 2010 ----------------------------- Dated this the 21st day of July, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 407 and 420 read with Section 34 of the Indian Penal Code. According to prosecution, de facto complainant is the owner of a vehicle having registration of Pondicherry. Petitioner(A1) persuaded the de facto complainant to hand over the documents relating to the car stating that he would change the registration to Kerala. Thereafter, he handed over the documents to the second accused and both of them raised Rs. 3,00,000/- by pledging the documents and thereby committed the various offences stated above. 3. Learned counsel for petitioner submitted that de facto complainant filed a complaint before the C.I.of Police, Pala stating that his R.C. Book was taken away by petitioner and that it was pledged with a money lender. Petitioner was called to the police station and questioned more than one occasion. Since, he was repeatedly called to police station, he filed a writ petition before this court and in the said writ petition, learned public Prosecutor B.A. No. 4123 / 2010 2 submitted that no evidence was collected against petitioner to connect him with the crime and the matter was closed. Thereafter, a private complaint was filed by de facto complainant, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure, a crime was registered against petitioner. 4. Petitioner is now sought to be arrested and he apprehends arrest in a non bailable offence. Petitioner has not taken the R.C. Book. Even as per the allegations in the complaint, the R.C. book is in the possession of the second accused. Petitioner does not know how it reached second accused. Petitioner sought for an opportunity to explain his innocence before the investigating officer and accordingly this court issued a direction to surrender before the investigating officer and co-operate with the investigation. He accordingly surrendered and he was interrogated by the police. 5. Learned Public Prosecutor submitted that petitioner had appeared before the investigating officer and he was interrogated by him. On the facts of this case, he has no objection in granting anticipatory bail to petitioner on conditions, it is submitted. B.A. No. 4123 / 2010 3 6. On hearing both sides, I am satisfied that petitioner can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall, in the event of his arrest 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 arresting officer on the following conditions: i). Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii). Petitioner shall not influence or intimidate any witness or tamper with the evidence. 2. This order will be in force only for a period of 20 days from today. In the meantime, whether petitioner is arrested or not he shall seek regular bail from the court. This petition is allowed. K. HEMA, JUDGE ln