IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5771 of 2007()
1. M.S. VINAYAN, S/O. SEKHARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/10/2007
O R D E R
R.BASANT, J
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B.A.No.5771 of 2007
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Dated this the 1st day of October, 2007
ORDER
Application for anticipatory bail. The petitioner is the sole
accused in a crime registered for offences punishable under Sections
420 and 406 I.P.C. Subsequently 2 other accused have also been
arrayed as accused, submits the learned Public Prosecutor . The crime
has been registered on the basis of a complaint which was referred to
the police under Section 156(3) Cr.P.C by the learned Magistrate. The
crux of the allegations is that the defacto complainant was induced to
part with amounts to facilitate construction of a Hanuman Temple by
the accused. The defacto complainant handed over the amounts
available with her. She allegedly pledged her gold ornaments to raise
further amounts. Her gold ornaments were sold of because she was
not able to repay the money. Crime has been registered.
Investigation is in progress. The petitioner apprehends imminent
arrest.
2. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am satisfied
in the facts and circumstances to which brief reference has already
been made that the petitioner can be granted anticipatory bail subject
of course to appropriate terms and conditions.
B.A.No.5771 of 2007 2
3. In the result, the Bail Application is, allowed. The following
directions are issued under Section 438 Cr.P.C.
i) The petitioner shall appear before the learned Magistrate at
11 a.m on 08.10.2007. He shall be enlarged on regular bail on his
executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only)
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
09.10.2007 and 10.10.2007 and thereafter between 10 a.m and 12
noon on all Mondays and Fridays for a period of two months.
Subsequently the petitioner shall make himself available for
interrogation 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 those
directions were not issued at all;
iv) If the petitioner were arrested prior to his surrender
on 08.10.07 as directed in clause (1) above, he shall be released from
B.A.No.5771 of 2007 3
custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five
thousand only) without any sureties undertaking to appear before the
learned Magistrate on 08.10.07.
(R.BASANT, JUDGE)
rtr/-