IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 Bail Appl..No. 293 of 2010() ----------------------------------------- CRIME NO.1093/2009 PANANGADU POLICE STATION, ERNAKULAM ........... PETITONER/ACCUSED -------------------- SREEKUMAR MENON, MANAGING DIRECTOR, LE MARS MARKETING PVT.LTD., RESIDING AT 6D, MANGALAM TOWER, N.H.BYPASS, VENNALA P.O., COCHIN-28. BY ADV. MR.A.RAJASIMHAN RESPONDENT(S): COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, PANANGADU POLICE STATION, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.MR.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K.T. SANKARAN, J. --------------------------- B.A. No. 293 of 2010 ------------------------------------ Dated this the 9th day of February, 2010 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.1093/2009 of Panangadu Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 405 and 420 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 25/01/2010, the following order was passed: “After having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioner to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer at 9 A.M. on 1st and 2nd February, 2010. The petitioner shall produce a copy of the order before B.A. No. 293/2010 2 the investigating officer. Post on 8th February, 2010. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested until further orders in connection with Crime No.1093 of 2009 of Panangadu Police Station, Ernakulam.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the petitioner has complied with the direction contained in the order dated 25/01/2010. 5. 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 on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. No. 293/2010 3 A) The petitioner shall surrender his passport, if any, before the court of the Additional Chief Judicial Magistrate, Ernakulam within one week from today. If the petitioner does not hold an Indian Passport, an affidavit sworn to by him shall be filed before the learned Magistrate within one week. 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) 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