Arun Kalliyath vs Sub Inspector Of Police on 16 February, 2009

Kerala High Court
Arun Kalliyath vs Sub Inspector Of Police on 16 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 7423 of 2008()


1. ARUN KALLIYATH, S/O. ENASU KALLIYATH,
                      ...  Petitioner
2. SANTHOSH KUMAR, S/O. SUKUMARAN NAIR,
3. PRAJEESH KUMAR,

                        Vs



1. SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY ITS

                For Petitioner  :SRI.SALIM V.S.

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :16/02/2009

 O R D E R
                              K.HEMA, J.

               -----------------------------------------
                        B.A.No. 7423 of 2008
               -----------------------------------------

              Dated this the 16th January, 2009

                            O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 394, 294, 427

and 34 of the Indian Penal Code. According to prosecution,

petitioners, who are employees of ICICI Bank (Collection

Manager, Officer-Collection and Collection Executive

respectively), committed various offences in respect of a

vehicle on default of payment of instalment in accordance with

the hire purchase agreement.

3. Learned counsel for petitioners submitted that

anticipating repossession of the vehicle by the bank authorities,

de facto complainant abandoned the vehicle and the vehicle

was seen abandoned and it was taken away by the police.

Petitioners have not committed any offence.. During the

pendency of this petition, when these facts were brought to the

notice of the court, first accused was directed to report before

the investigating officer on 12.2.2009 and he was questioned

by the investigating officer.

BA.7423/08 2

4. Learned Public Prosecutor, on instructions, submitted

that he has no objection in granting bail, but petitioners may be

directed to surrender before the investigating officer and co-

operate with the investigation as and when required.

On hearing both sides, I find that anticipatory bail can be

granted to petitioners and the following order is passed:

Petitioners shall surrender before the

Magistrate Court concerned within seven days from

today and he shall be released on bail on their

executing bond for Rs.25,000/- each with two solvent

sureties each for the like sum to the satisfaction of

the Magistrate Court concerned, on the following

conditions:

(i) Petitioners shall report before the investigating

officer as and when directed and co-operate

with the investigation.

(ii). Petitioners shall not commit any offence while

on bail.

Petition is allowed.

K.HEMA, JUDGE
vgs.

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