IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7922 of 2007()
1. SHAJI, AGED 42 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.K.B.SURESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/01/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
B.A. No. 7922 OF 2007
-------------------------------------------------
Dated this the 1st day of January, 2008
ORDER
Application for anticipatory bail. The petitioner faces
allegations in a crime registered for offences punishable, inter
alia under Secs.420 and 406 of the IPC. The crux of the
allegations is that the petitioner, who employs the de facto
complainant and others at a place situated abroad, did not
release to them the amounts which were legally due to such
persons as wages. A crime has been registered. Investigation
is in progress. An application filed by the petitioner to quash
the F.I.R. is pending as W.P.(c) No.33638/07. The petitioner
apprehends imminent arrest.
2. The petitioner in the petition submits that he is
absolutely innocent and fanciful and vexatious allegations are
being raised against him.
B.A. No. 7922 OF 2007 -: 2 :-
3. The counsel for the petitioner prays, the learned Public
Prosecutor does not oppose the said prayer and I am satisfied, in
the facts and circumstances of this case to which I have made a
brief reference above, that directions under Sec.438 of the
Cr.P.C. can be issued in favour of the petitioner.
4. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 7/1/2008. He shall
be released on regular bail on his executing a bond for
Rs.50,000/- 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 8/1/2008 and 9/1/2008 and thereafter on all
Mondays and Fridays between 10 a.m. and 12 noon for a period
of one month. Subsequently, he shall so 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
B.A. No. 7922 OF 2007 -: 3 :-
arrest the petitioner and deal with him in accordance with law as
if these directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 7/1/08 as directed in clause (i) above, he shall be released on
his executing a bond for Rs.25,000/- without any sureties
undertaking to appear before the learned Magistrate on 7/1/08.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge