IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 7709 of 2007() ----------------------------- CP.94/2007 of J.M.F.C.-III,THRISSUR CRIME NO.417/04 OF OLLUR POLICE STATION .................... : APPLICANT/ACCUSED NO.21 ---------------------------------------- BALAN, S/O.RAMAN, KIZHAKKOOT HOUSE,KALLOOR VILLAGE, KALLOOR DESOM,MUKUNDAPURAM TALUK. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRESENTING THE C.I. OF OLLUR POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7709 of 2007 ---------------------------------------- Dated this the 9th day of January 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for offences punishable inter alia under Sections 395 and 411 I.P.C. As against the petitioner there is only an allegation under Section 411 I.P.C raised. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. Committal proceedings has been registered. The petitioner was shown as absconding and consequently a non-bailable warrant issued by the learned Magistrate is chasing the petitioner. But according to the petitioner, he is absolutely innocent. He was always available for arrest. He is a goldsmith by profession. The police had compelled him to part with gold ornaments. He had raised objections against the same. The police had animus against the petitioner on this core. To settle the cores with him, he has been shown as absconding. Final report has been filed even though the petitioner was very much available in the locality. In fact, even according to the investigating officer , the petitioner had furnished gold article for recovery from him under B.A.No.7709/07 2 Section 27 of the Evidence Act. In these circumstances, it is evident that the petitioner has been brought on the array of the accused only because of complaint made by him and with the transparent purpose of vexing him, submits the learned counsel for the petitioner. 2. The learned Public Prosecutor does not oppose the application for anticipatory bail. Inasmuch as the allegation against the petitioner is only under Section 411 I.P.C and recovery of ornaments have already been effected from the possession of the petitioner, the police have no objection against grant of anticipatory bail to the petitioner, submits the learned Public Prosecutor. 3. In the peculiar facts and circumstances of this case, I am satisfied that notwithstanding the fact that the final report having already been filed and cognizance has been taken by the learned Magistrate, directions under Section 438 Cr.P.C as held in Bharat Chaudhary v. State of Bihar [AIR 2003 SC 4662] can be issued in favour of the petitioner. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. B.A.No.7709/07 3 i) Petitioner shall surrender before the learned Magistrate on or before 18/01/2008. He shall be released on regular bail on condition that he executes a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioner shall make himself available for interrogation before the investigating officer as and when directed by the investigating officer in writing to do so. (iii) If the petitioner does 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 petitioner and deal with him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 18/01/2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty only) without any sureties, undertaking to appear before the learned Magistrate on 18/01/2008. (R.BASANT, JUDGE) jsr B.A.No.7709/07 4 B.A.No.7709/07 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007