IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 3206 of 2010() ----------------------------- (CRIME NO.342/2010 OF WADAKKANCHERRY POLICE STATION, THRISSUR) APPLICANT/ACCUSED ------------------------------------- SAJEESH M.P., AGED 28 YEARS, S/O.BHASKARAN, MOOTHEDATHUPARAMBIL HOUSE, MINALOOR VILLAGE, MINALOOR, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. REPRESENTING THE S.I. OF POLICE, WADAKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI .P.A. SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J ----------------------- B.A No.3206 OF 2010 -------------------------------- Dated this the 6th day of July 2010 ORDER This petition is for anticipatory bail. 2. The alleged offence is under Sections 408 of IPC. According to prosecution, petitioner was doing job of cable joining in BSNL on daily wages. On a complaint made by the Assistant Executive Engineer, BSNL, a crime was registered. Later, on investigation, it was revealed that petitioner has misappropriated the cables worth Rs.20,000/- and those were seized from his property. 3. Learned counsel for petitioner submitted that petitioner is innocent of the allegations made. He was working in BSNL on daily wages and he was doing cable joining. The materials which were given for the work used to be kept in the house before he went for work. The balance cut pieces of the cable also will be kept in his house which are useless. But, there was some allegation that cables are misappropriated by officials of BSNL and to explain such allegations, petitioner is made a scape goat. From the complaint itself, it will be revealed that what was missing is only some pieces of cable. Those are only the waste cable pieces and those cannot be used for any purpose. The cables can be used only for underground telephone cabling. B.A No.3206 OF 2010 2 4. It is also submitted by petitioner's counsel that petitioner requested for an opportunity to explain his innocence before the Investigating Officer and this court was pleased to direct the petitioner to report before the Investigating Officer. He reported accordingly, and he was questioned thoroughly. Petitioner is innocent of the allegations made, it is submitted. 5. Learned Public Prosecutor submitted that petitioner appeared before the Investigating Officer and he was questioned. He has no objection in granting anticipatory bail on condition. Hence, the following order is passed. (1) Petitioner shall surrender before the Investigating Officer within seven days from today. (2) On such surrender, if petitioner is arrested, he shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following condition: (i) Petitioners shall report before the Investigating Officer as and when directed and co-operate with investigation. B.A No.3206 OF 2010 3 (3) This order will be in force only for a period of one month and in the meantime, petitioner shall seek regular bail from the court concerned. Petition is allowed. K.HEMA JUDGE vdv