IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 429 of 2008()
1. ABRAHAM @ KUNJUKUNJU, S/O. AGASTHY,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 429 OF 2008
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Dated this the 25th day of January, 2008
ORDER
Application for anticipatory bail. The petitioner is the 2nd
accused. Altogether, there are two accused persons. The 1st
accused is an employee of the de facto complainant. The 1st
accused allegedly owed amounts to the petitioner – the 2nd
accused. The allegation is that to repay the amounts payable
to the petitioner herein, the 1st accused decided to commit
theft of copra from the possession of his employer on the night
of the date in question. The 1st accused allegedly removed the
copra from the building of his employer by resort to deceitful
means. The petitioner had allegedly come to the scene with
his vehicle. Before the 1st accused could load the copra into
the petitioner’s vehicle, the plan failed and the theft was not
completed. The 1st accused has already been arrested.
B.A. No. 429 OF 2008 -: 2 :-
Investigation is in progress. The petitioner apprehends
imminent arrest.
2. According to the petitioner, he is absolutely innocent.
Even if the 1st accused had committed any offence, it cannot
likely be assumed that he had committed the offence at the
instance of the petitioner. In any view of the matter, there is
absolutely no need now to insist on arrest and custodial
interrogation of the petitioner. The petitioner shall co-operate
with the Investigator. Subject to any appropriate terms and
conditions the petitioner may be granted anticipatory bail, it is
prayed.
3. The learned Public Prosecutor does not oppose the
application. In the facts and circumstances of this case, I am
satisfied that the petitioner can be granted anticipatory bail
subject to appropriate conditions which shall ensure the
interests of a fair, efficient and expeditious investigation.
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
B.A. No. 429 OF 2008 -: 3 :-
Magistrate having jurisdiction at 11 a.m. on 1-2-2008. 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 2/2/08 and 4/2/08. During this period the
Investigator shall be at liberty interrogate the petitioner in
custody and take all necessary steps for the proper conduct of
the investigation. Thereafter the petitioner shall appear before
the Investigating Officer 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
arrest the petitioner and deal with him in accordance with law as
B.A. No. 429 OF 2008 -: 4 :-
if these directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
on 1-2-08 as directed in clause (i) above, he shall be released on
his executing a bond for Rs.50,000/- without any sureties
undertaking to appear before the learned Magistrate on 1-2-08.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge