IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3396 of 2010()
1. SUSIL KUMAR, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.GEO PAUL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/06/2010
O R D E R
K.HEMA, J
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B.A No.3396 OF 2010
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Dated this the 21st day of June 2010
ORDER
This petition is for anticipatory bail.
2. The alleged offences are under Sections 403, 404, 409,
417 and 418 of IPC. According to prosecution, petitioner
misappropriated money entrusted by his father’s brother for
construction of class rooms in a Government School.
3. Learned counsel for petitioner submitted that the
complaint is in respect of Rs.12,00,000/- which is entrusted by
petitioner’s uncle with petitioner for the purpose of constructing
four class rooms in a school. Money is still safe with petitioner
and he has not misappropriated the same. But, a complaint is
made alleging false allegation against petitioner. Petitioner is
innocent and he explained his innocence to Investigating Officer
when he surrendered before the Investigating Officer, as per the
direction of this court, it is submitted.
4. Learned Public Prosecutor submitted that petitioner
surrendered and he was interrogated by Investigating Officer. He
is not required for interrogation.
5. On hearing both sides, I am satisfied that anticipatory
bail can be granted to petitioner. Hence the following order is
passed:
B.A No.3396 OF 2010 2
(1) Petitioner shall surrender before the Magistrate
Court concerned within seven days from today.
(2) On such surrender, petitioner shall be released on
bail on his executing a bond for Rs.10,000/-
(Rupees ten thousand only) each with two solvent
sureties each for the like sum to the satisfaction
of the learned Magistrate on the following
conditions:
(i) Petitioner shall report before the
Investigating Officer as and when
directed and co-operate with
investigation.
(ii) Petitioner shall not influence or
intimidate any witnesses or tamper
with any evidence.
Petition is allowed.
K.HEMA
JUDGEvdv