Dennis Figrez vs State Of Kerala Represented By on 7 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3877 of 2010()


1. DENNIS FIGREZ, AGED 43 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.NISHIN GEORGE VIJAYABABU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :07/07/2010

 O R D E R
                              K.HEMA, J.
                           ------------------
                      B.A. No. 3877 of 2010
                     -----------------------------
                Dated this the 7th day of July, 2010

                              O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 452 and 380

of the Indian Penal Code. According to prosecution, on

10.05.2010 at about 10.30 A.M., petitioner trespassed into the

house of the de facto complainant and took passport and driving

licence of the de facto complainant from the Almirah.

3. Learned counsel for petitioner submitted that the de facto

complainant had borrowed Rs. 4,50,000/- from the petitioner.

Since the petitioner is a heart patient and he wanted some

money for treatment, he asked the de facto complainant to return

the money. De facto complainant refused to do so, and in the

meanwhile, a false complaint is filed stating that driving licence

and passport were stolen by petitioner. The passport was later

found at the premises of a church and the vicar of the church filed

an affidavit stating that it is in his possession. Petitioner has not

taken the driving licence of the de facto complainant and he has

no benefit in keeping the driving licence with him. Petitioner

B.A. No. 3877 / 2010 2

appeared before the investigating officer as per the direction of

this court and explained his innocence.

4. Learned Public Prosecutor submitted that the petitioner

was questioned by the investigating officer when he appeared

before him as per the directions of this court. This petition is not

opposed.

5. On hearing both sides, I am satisfied that petitioner can

be granted anticipatory bail on the conditions. Hence, the

following order is passed:

1. Petitioner shall, in the event of his arrest

be released on bail on his executing a

bond for Rs. 10,000/- with two solvent

sureties each for the like sum to the

satisfaction of the arresting officer on the

following conditions:

i). Petitioner shall report before
the investigating officer as and
when directed and co-operate
with the investigation.

ii). Petitioner shall not influence
or intimidate any witness or
tamper with the evidence.

B.A. No. 3877 / 2010 3

2). This order will be in force only for a
period of 15 days from today and the
petitioner shall seek regular bail from the
court concerned within such time.

This petition is allowed.

K. HEMA, JUDGE

ln