IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 Bail Appl..No. 2625 of 2009() ----------------------------------- CRIME NO.181/2009 OF PALARIVATTOM POLICE STATION PETITIONER/ACCUSED : ---------------------------- SAJI MATHEW, MUNDAT, AGED 36 YEARS, II/42 A, FRIENDS LANE, VAZHAKKALA, KAKKANAD, COCHIN 682 030. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.P.J.VINOD JOSEPH RESPONDENTS : ------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2625 of 2009 ------------------------------------ Dated this the 22nd day of May, 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.3 in Crime No.181/2009 of Palarivattom Police Station. 2. The offences alleged against the petitioner are under sections 406 and 420 of the Indian Penal Code. 3. In the First Information Statement, it is stated that the Managing Director of Money Plus Chit and Finance Company Pvt. Ltd, Palarivattom was responsible for not disbursing amount to the defacto complainant on account of the prized chitty. It is also alleged that cheque for Rs.75,000/- issued by the Managing Director was dishonoured. Learned Counsel for the petitioner stated that the petitioner was the Director of the company and that he has resigned with notice to the RBI three years back. 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 B.A. No. 2625/2009 2 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 scm