IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2926 of 2009() -------------------------------------- CRIME NO.286/2009 OF VADAKKANCHERRY POLICE STATION PETITIONER/ACCUSED: -------------------------------------- GOPIKUTTAN, AGED 36 YEARS, S/O. VASUDEVAN NAIR, V.S.NILAYAM, THANNIVILLA, BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.SANTHOSH KUMAR (P). RESPONDENTS/ COMPLAINANTS/STATE: ----------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, VADAKKANCHERRY POLICE STATION, VADAKKANCHERRY. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2926 of 2009 ------------------------------------ Dated this the 4th day of 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 the accused in Crime No.286/2009 of Vadakkancherry Police Station. 2. The offence alleged against the petitioner is under Section 408 of the Indian Penal Code. 3. The prosecution case is that the petitioner who was working as a purchase manager in the hotel run by the defacto complainant, received an amount of Rs.1,93, 243/- during the period from 1/04/2009 to 26/04/2009 for the purchase of fruits, vegetables, milk, fish, meat etc. He failed to pay amount to the suppliers and thus committed criminal breach of trust. The petitioner submits that the case is initiated against him because of the dispute between him and the defacto complainant. It is pointed out that no supplier has made claim against the defacto complainant. The learned B.A. No. 2926/ 2009 2 Public Prosecutor pointed out that one supplier of chicken has stated that he has not received full amount for the items supplied. The investigation is in progress. The petitioner apprehends arrest. 4. 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 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. B.A. No. 2926/ 2009 3 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 scm