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.
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
(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
Petition is allowed.