IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2829 of 2008()
1. SREENIVASAN,S/O.NARAYANAN NAMBIAR,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.P.K.RAVISANKAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :06/05/2008
O R D E R
K.P. Balachandran, J.
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B.A.No.2829 of 2008
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ORDER
This is an application for anticipatory bail
filed under Section 438 of the Cr.P.C.
2. Petitioner is the accused in Crime No.
202/07 of Irikkoor Police Station, registered for
offence under Section 409 IPC on the allegation
that while working as Branch Post Master at
Pervalathumparamba, an amount of Rs.10,000/-
entrusted by one Sajeevan, was not accounted for by
him. His application for anticipatory bail was
dismissed by the Sessions Judge, vide Annexure-A
order. Heard the submissions of the counsel for
the petitioner and the Public Prosecutor.
3. It is worthy to note that in a crime
registered as early as in 2007, despite rejection
of application for anticipatory bail as early as in
January 2008, the Investigating Agency could not
apprehend the petitioner and make considerable
progress in the investigation in the case. It
BA 2829/08 2
appears that without the assistance of court, the
Investigating Agency will not be able to apprehend
the petitioner. In the circumstances, it is only
proper that presence of the petitioner is obtained
by granting him anticipatory bail, imposing,
however, necessary stringent conditions.
In the circumstances,allowing this application,
I direct that the petitioner shall surrender before
the Magistrate concerned positively on or before
13.5.2008 and shall deposit by way of cash security
an amount of Rs.5,000/- and shall thereafter
execute bail bond for Rs.25,000/- with two solvent
sureties each for like sums to the satisfaction of
the Magistrate.
On the above conditions being satisfied, the
petitioner can be enlarged on bail.
On such release, the petitioner shall appear
before the Investigating Officer between 10 a.m.
and 12 noon on all days for a period of two weeks
and thereafter on every alternate days for a period
of one month and thereafter on all Tuesdays and
BA 2829/08 3
Fridays only till the investigation in the case is
over and final report is laid.
The above directions shall not stand in the way
of the Investigating Agency seeking for custodial
interrogation of the petitioner, if need be and the
Magistrate granting it, if deemed fit, necessary
and legal.
On release the petitioner shall co-operate with
the investigation in the case, shall not get
himself involved in commission of any offence,
shall not influence or intimidate the witnesses in
the case and shall not, except for the purpose of
appearing before the Investigating Officer, move
beyond the territorial limits of the town, in which
he is having his permanent residence, the details
of which shall be furnished to the court and to the
Investigating Officer immediately on release on
bail.
6th May, 2008 (K.P.Balachandran, Judge)
tkv