IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 2499 of 2009 CRIME NO.35 OF 2009 OF KUDUMON POLICE STATION PETITIONER:ACCUSED NO.1: ------------------------------ ANOOP.T.P., AGED 39, S/O.PADMANABHAN, PULIYAMAVUNGAL HOUSE, VALLUVALLI, KOONAMMAVU P.O., ERNAKULAM. BY ADV. SRI.DINESH R.SHENOY RESPONDENT: --------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KUDUMON POLICE STATION AND REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2499 OF 2009 ------------------------------------------------------ Dated this the 18th June, 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 accused No.1 in Crime No.35 of 2009 of Kudumon Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. There are three accused persons in the case. Accused Nos.2 and 3 were granted anticipatory bail by this Court as per the order dated 3.3.2009 in B.A.No.701 of 2009. 4. I have perused the case diary. The case of the de facto complainant is that the goods were supplied to a business concern, of which, the petitioner is the Sales Manager. But, the price thereof was not paid. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction B.A. NO. 2499 OF 2009 :: 2 :: that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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 ahz/