IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 Bail Appl..No. 7523 of 2011() ----------------------------- CRIME NO.525 OF 2011 OF PANDALAM POLICE STATION .................... PETITIONER/ACCUSED ------------------------- SANTHOSH, S/O.SANKARA PILLAI, MANALADI VADAKKETHIL, THONNALLOOR MURI, PANDALAM VILLAGE. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT(S): STATE -------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, PANDALAM. 689 640. ADDL. R3 3. SURESH S/O.THANKAPPAN NAIR ARINJIVILAKIZHAKKATHIL MANGARAN MURI PANDALAM VILLAGE, ADOOR TALUK PATHANAMTHITTA. IMPLEADED AS PER THE ORDER IN CRL.M.A.NO.6626/2011 DATED 11.10.2011. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7523 of 2011 --------------------------- Dated this the 1st day of December, 2011 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.525 of 2011 of Pandalam Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 406 of the Indian Penal Code. 3. When the Bail Application came up for admission on 21.11.2011, the following order was passed : “3. The de facto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered against the petitioner. 4. The petitioner is the proprietor of a BA 7523/11 2 lottery agency under the name and style “Krishna Lucky Centre. The de facto complainant is a lottery ticket vendor. The de facto complainant purchased 25 lottery tickets from the petitioner. One of the tickets bagged the first prize of Rupees Twenty one lakhs. The petitioner accepted the agent's commission of ` 2,10,000/-. According to the de facto complainant, he is entitled to that commission. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 25.11.2011 and 26.11.2011. 6. Post on 1.12.2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.525 of 2011 of Pandalam Police Station, till 4.12.2011. 8. The petitioner shall co-operate with the investigating officer in the matter of BA 7523/11 3 investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 21.11.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 21.11.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : BA 7523/11 4 A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate 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) 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 csl