IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 Bail Appl..No. 6113 of 2008() ----------------------------- CRIME NO. 685/2008 OF KADAVANTHRA POLICE STATION PETITIONER/ACCUSED -------------------------------------- BOBBY SEBASTIAN,D/O.SEBASTIAN, AGED 36 YEARS,76,KUMARANASSAN NAGAR,KADAVANTHRA,COCHIN. (NOW RESIDING AT FLAT NO.6, SPARTA PRESTIGE ACROPOLIC APARTMENTS,KORAMANGALA, BANGALORE. BY ADV. SRI.ALAN PAPALI SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA(CRIME NO.685/2008 OF KADAVANTHRA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6113 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 420 read with section 34 IPC. According to the prosecution, de facto complainant was allegedly persuaded to deposit Rs.2,88,2000/- to provide shares in the company run by accused 1 to 3. Petitioner is the 2nd accused who is a director of the company. She is the wife of the 1st accused who is the Managing Director. As per the allegations, the company did not give the shares as promised but used the money obtained from de facto complainant to purchase property in the name of petitioner. 3. Learned counsel for the petitioner submitted that two more crimes were registered against petitioner on similar allegations and she was granted anticipatory bail in one of the crimes as per Annexure-I order by learned Sessions Judge, by which she was directed to surrender before the Investigating Officer. Petitioner is prepared to abide by any conditions. She has no personal involvement in the affairs of the company. She is a woman who has recently delivered and hence she may be granted two weeks time to report before the Investigating Officer, it is submitted. BA 6113/08 -2- 4. Learned Public Prosecutor submitted that it is not correct to say that petitioner has no personal involvement. The wealth was amassed in her name by using funds and property was purchased in the name of petitioner in Bangalure. However, since anticipatory bail was granted to her in similar crime, she may be directed to surrender before the Investigating Officer and co- operate with the investigation. Subject to that condition he has no objection in granting anticipatory bail. 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within fourteen days from today and make herself available for interrogation. (2) Thereafter, in the event of her arrest, if any, she shall be released on bail, on her executing a bond for Rs. 25,000/- with two solvent sureties each, for the like amount, to the satisfaction of the arresting officer, on the following conditions:- i) Petitioner shall make herself available for interrogation by the Investigating Officer as and when directed. BA 6113/08 -3- ii) Petitioner shall co-operate with the investigation. iii) Petitioner shall not intimidate or influence any witness or tamper with evidence or commit any offence while on bail and in case breach of this condition, bail is liable to be cancelled. This petition is allowed. K.HEMA, JUDGE. mn.