IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 Bail Appl..No. 5408 of 2011() ----------------------------- CRIME NO.397/2011 OF YEROOR POLICE STATION, KOLLAM PETITIONER/ACCUSED : -------------------------- SAJAN THOMAS, AGED 48 YEARS, S/O.THOMAS, KIZHAKKE VEEDU, AYILARA, YEROOR, KOLLAM DISTRICT. BY ADV. SRI.V.A.SHAJI RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, KOLLAM DISTRICT. ADDL. SECOND RESPONDENT 2. JOHN MATHAI AGED 52 YEARS S/O.MATHAIKUTTY LILLY SADANAM AYLARA P.O., YEROOR, KOLLAM. IMPLEADED AS PER THE ORDER DATED 22.7.2011 IN CRL.M.A.NO.4662/2011. ADV. SRI.R.SUNIL KUMAR FOR ADDL.R2 SMT.A.SALINI LAL FOR ADDL.R2 SRI.N.RAPHY RAJ FOR ADDL.R2 PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5408 of 2011 --------------------------- Dated this the 22nd day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.397 of 2011 of Yeroor Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 419, 420 and 471 of the Indian Penal Code. 3. The prosecution case is that during 1989 to 1994, the petitioner herein, who was working as the Development Officer in Oriental Insurance Company, got a fake registration of an agency in the name of his relative, the de facto complainant, who at the relevant time was working abroad. It is alleged that the petitioner did the business in the name of that agency and operated bank accounts while, in fact, the de facto complainant was quite unaware of the transactions. The BA 5408/2011 2 crime was registered in 2011, when only the offence was detected. 4. When the Bail Application came up for admission on 11.7.2011, the following order was passed : “4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 18th and 19th July, 2011. 5. Post on 22nd July, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.397 of 2011 of Yeroor Police Station, until further orders. The petitioner shall produce a copy of this order before the investigating officer.” 5. It is submitted by the learned counsel for the petitioner BA 5408/2011 3 as well as the learned Public Prosecutor that the direction in the order dated 11.7.2011 has been complied with by the petitioner. 6. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 11.7.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of two months on his executing bond for ` 10,000/- 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 alternate 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 . BA 5408/2011 4 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) Before the expiry of the period mentioned above, the petitioner/ petitioners 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 csl BA 5408/2011 5