IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 592 of 2008()
1. ARUMUGHASWAMY, S/O.RAMANANTHAN CHETTIAR,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. A.SAMEENA, SECRETARY,
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :01/02/2008
O R D E R
R. BASANT, J.
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B.A. No. 592 OF 2008
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Dated this the 1st day of February, 2008
O R D E R
Application for anticipatory bail. Petitioner was the
Secretary of a Co-operative Society. He faces allegations,
inter alia, under sections 403 and 408 IPC. The alleged
indiscretion was committed during the period 2000 – 2004.
Now, a private complaint has been filed by the present
Secretary. Crime has been registered. Investigation is in
progress. The petitioner apprehends imminent arrest.
2. The learned counsel for the petitioner submits that
vexatious allegations are being raised against the petitioner
on account of political animosity. It is prayed that anticipatory
bail may be granted to the petitioner.
3. The learned Public Prosecutor disputes the said
contention but submits that the State has no objection against
the grant of anticipatory bail to the petitioner subject to
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: 2 :
appropriate terms and conditions.
4. I am satisfied that the petitioner can be granted
anticipatory bail. In the absence of opposition, it is not
necessary for me to advert to the facts in any greater detail.
5. 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 8.2.2008. He shall
be released on regular bail on condition that he executes a
bond for Rs.50,000/-(Rupees fifty thousand only) 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 11.2.2008 and 12.2.2008. During this period,
the investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the
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proper conduct of the investigation in this crime. Thereafter,
he shall so appear 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.
(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 if these directions were not issued at all.
(iv) If he were arrested prior to 8.2.2008, 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
8.2.2008.
(R.BASANT, JUDGE)
aks