IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Bail Appl..No. 7921 of 2008(A) ------------------------------------- CRIME NO.447/08 OF TOWN POLICE STATION, KOZHIKODE .................... PETITIONER/ACCUSED 1 AND 2 : ---------------------------------------- 1. P.GANGADHARAN NAIR, S/O.K.MADHAVAN NAIR SREEGANGA, PO.KUTTIKATTOOR, KOZHIKODE. 2. T.GANGADHARAN NAIR, S/O.GOVINDA KURUP A,BADI HOUSE, PO.VELLOOR , CALICUT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT/COMPLAINANT/STATE : ---------------------------------------------- 1. SUB INSPECTOR OF POLICE, TOPWN POLICE STATION, KOZHIKODE. 2. STATE REP. BY THE PUBLIC PROPSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.7921 OF 2008 ------------------------------ Dated this the 13th day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406, 420 read with 34 of I.P.C. According to prosecution, petitioners (accused nos.1 and 7) and other accused are Directors of Ex-servicemen Welfare Co-operative Society. They promised job for the defacto complainant in the hospital, which is proposed to be started by the society and fraudulently obtained an amount of Rs.2 Lakhs as deposit. Neither interest was paid nor money was returned and the job was also not given. Hence, this complaint. 3. Learned counsel for petitioners submitted that the society is receiving deposits from various persons and the defacto complainant is one of such depositors. Even as per the complaint, he had received interest upto 2007. According to petitioners, he had re-deposited the amount after 2007. It is absolutely false to say that any job was promised etc. In the above circumstances, petitioners seek anticipatory bail. B.A.No.7921 of 2008 2 4. Learned Public Prosecutor submitted that as per the allegations defacto complainant was induced to deposit the amount by making fraudulent representations offering to give job in the hospital proposed to be opened by the society. The amount was not paid back nor interest. Job was also not given. On hearing both sides, I find that anticipatory bail can be granted to petitioners on conditions. Hence, the following order is passed. Petitioners shall surrender before the Magistrate court concerned within 7 days from today and they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for like sum to the satisfaction of the learned Magistrate on the following conditions : i) Petitioners shall report before the Investigating Officer within 3 days from the date of release on bail and they shall be make themselves available for B.A.No.7921 of 2008 3 interrogation and co-operate with the investigation. ii) Petitioners shall report before the Investigating Officer as and when directed. iii) Petitioners shall not influence or intimidate any witness or tamper with evidence or commit any offence while on bail. The petition is allowed. K.HEMA, JUDGE pac