IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 Bail Appl..No. 6075 of 2008(B) -------------------------------------- CRIME NO.440/2008 OF THE CHENGANASSERY POLICE STATION PETITIONER/ACCUSED : ----------------------------- S.GIRISH, S/O.SUSHEELAN NAIR, AGED 33 YEARS, BRANCH MANAGER, INDUSIND BANK LTD., KOTTAYAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS/STATE & COMPLAINANT : -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, CHANGANASSERY POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.6075 OF 2008 ------------------------------ Dated this the 30th day of October, 2008 O R D E R The petition is for anticipatory bail. 2. The alleged offences are under Sections 394 and 34 of I.P.C. According to prosecution, accused nos. 1 to 3 forcibly took an auto rikshaw driven by the defacto complainant into custody. Third accused also entered into the auto rikshaw and all of them assaulted him and the auto rikshaw was taken away by force. The auto rikshaw was thereafter recovered from a private go-down. The fourth accused is the Branch Manager of a bank at whose instance, the offence was allegedly committed, since the defacto complainant has defaulted payment of the instalments which is due to the bank, which was advanced as loan for purchase of auto rikshaw. 3. Learned counsel for the petitioner submitted that petitioner has no role in the offence. He is not working in the branch, from which the loan was sanctioned. If petitioner is B.A.6075 of 2008 2 required for interrogation, he is prepared to surrender and co-operate, but he may be released in the event of his arrest, it is submitted. It is also pointed out that petitioner has not taken part in the alleged assault. As per law if there is default, the bank will be entitled to take possession of the vehicle, it is submitted. 4. Learned Public Prosecutor submitted that none of the accused is arrested so far, though the crime is registered as early as on 19.09.2008. Petitioner is the Branch Manger of the bank who is also involved in the offence and it is at his instance that the offence was committed. Unless all the accused are questioned, it will not be possible to complete the investigation. His interrogation is essential and hence he may be directed to appear before the Investigating Officer. Subject to that, he has no objection in granting anticipatory bail to the petitioner. On hearing both sides, I am satisfied that the petitioner can be directed to appear before the Investigating Officer for interrogation and subject to that anticipatory bail can be granted. B.A.6075 of 2008 3 Hence, the following order is passed : 1. The petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation and shall co-operate with the investigation. 2. In the event of arrest, petitioner shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for 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 commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac