IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5685 of 2007()
1. ANILKUMAR E.R., AGED 32 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.JOY GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :19/09/2007
O R D E R
R.BASANT, J.
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B.A.No.5685 of 2007
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Dated this the 19th day of September 2007
O R D E R
Application for anticipatory bail. The petitioner is the sole
accused. He faces allegations under Section 420 I.P.C. The
crime has been registered on the basis of a private complaint
filed before the learned Magistrate and referred by the learned
Magistrate to the police under Section 156(3) Cr.P.C.
Investigation is in progress. The petitioner apprehends
imminent arrest. The crux of the allegations is that the
petitioner had sold a vehicle with a hire purchase liability. He
could not discharge the liability obliging the hire purchase
company to initiate action personally against the original owner.
2. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 26/09/2007.
ii) He shall be released on regular bail on condition that
he executes a bond for Rs.50,000/-(Rupees fifty thousand only)
B.A.No.5685/07 2
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 27/09/2007 and 28/09/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 12 noon for a period
of two months and subsequently as and when directed by the
investigating officer in writing to do so.
(iv) 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 these directions were not issued at all.
(v) If he were arrested prior to 26/09/2007, he shall be
released from custody on his executing a bond for Rs.50,000/-
(Rupees fifty thousand only) without any sureties, undertaking to
appear before the learned Magistrate on 26/09/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.5685/07 3
B.A.No.5685/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007