IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 Bail Appl..No. 1116 of 2008() ----------------------------- CRIME NO.307/07 OF ALAPPUZHA NORTH POLICE STATION PETITIONERS/5TH ACCUSED ---------------------------------------- PAVITHRAN M.T., AGED 71, PUTHUPARAMBA HOUSE, ARATTUVAZHY, ALAPPUZHA. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1116 of 2008 ------------------------------------------------- Dated this the 27th day of February, 2008 ORDER Application for anticipatory bail. The petitioner is the 5th accused. A crime was registered alleging commission of the offence punishable under Sec.420 of the IPC. The gist of the allegations is that the wife of the de facto complainant had deposited an amount of Rs.5 lakhs with a temple trust. This was remitted in instalments. The offer was that lucrative interest shall be paid by the trust to the depositors. Interest was paid for some period; but thereafter there was default in payment of interest. The capital was also not returned. The temple trust is not seen functioning. It is, in these circumstances, that allegations have been raised. 2. The crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. B.A. No. 1116 of 2008 -: 2 :- 3. The learned counsel for the petitioner submits that the petitioner is not, at any rate, having any contumacious responsibility. He was not even actually associated with the running of the trust. He happens to be one of the Directors of the trust. He has no active role in the running of the trust. He is not even alleged to be involved in any way in inducing the victim to part with money. The temple trust appears to be in doldrums. They are hence not able to return the money. The mere fact that the fiscal liability has not been discharged cannot readily lead to a convenient inference of culpability for the offence of cheating. In any view of the matter, the petitioner does not deserve to endure the trauma of arrest and incarceration. The petitioner may be granted anticipatory bail. He shall abide by any reasonable conditions to facilitate a proper and efficient investigation. 4. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only prays that appropriate conditions may be imposed to facilitate a proper and expeditious investigation. 5. Having considered all the relevant inputs - I have B.A. No. 1116 of 2008 -: 3 :- perused the Case Diary also in detail, I am satisfied that this is a fit case where the petitioner can be granted anticipatory bail subject, of course, to appropriate conditions. 6. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioner shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 6/3/08. He shall be released on regular bail on his executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 7//3/08 and 8/3/08. Thereafter the petitioner shall appear before the Investigating Officer as and when directed by the Investigating Officer in writing to do so. (iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if these directions were not issued at all; B.A. No. 1116 of 2008 -: 4 :- (iv) If the petitioner were arrested prior to his surrender on 6/3/08 as directed in clause (i) above, he shall be released on his executing a bond for Rs.50,000/- without any sureties undertaking to appear before the learned Magistrate on 6/3/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge