IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6239 of 2008()
1. JAYANT PURUSHOTTAM TIDKE,
... Petitioner
2. DEEPA, W/O. JAYANT PURUSHOTTAM TIDKE,
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.S.RAJEEV
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :09/12/2008
O R D E R
K.HEMA, J.
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B.A.No.6239 of 2008
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Dated this the 9th December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 420 and 468
IPC. According to prosecution, petitioners have received Rs.6
lakhs from the defacto complainant on promise that he will be
floating a company and received Rs.2 lakh towards share capital
and Rs.4 lakh towards debenture. Thereafter, the company was
not floated and the money was not returned and thereby, the
offences were committed.
3. Learned counsel for petitioners submitted that the
allegations made against petitioners are absolutely false.
Petitioners have a definite defence and documents are available
to establish their innocence.
4. Learned public prosecutor submitted that petitioners
may be directed to make themselves available for interrogation
and subject to that he has no objection in granting anticipatory
bail. During pendency of this petition, this Court had directed
the first accused to report before the Investigating Officer on
25.11.2008 and make himself available for interrogation to prove
his innocence if any. Thereafter, he reported and he was
BA No.6239 /2008 2
subjected to interrogation.
5. On hearing both sides and on perusal of documents
produced, I am satisfied that petitioners have a definite case to
put forward and it can be established only during trial. If
anticipatory bail is rejected, it may result in great injustice.
Hence, the following order is passed:
Petitioners shall surrender before the Magistrate
Court concerned within ten days from today and they
shall be released on bail on their executing bond for
Rs.25,000/- each with two solvent sureties each for
like sum to the satisfaction of the learned Magistrate
on the following conditions:
(i) Petitioners shall report before the Investigating
Officer within three days of release from
custody and make themselves available for
interrogation.
(ii) Petitioners shall report before the Investigating
Officer as and when directed.
The petition is allowed.
K.HEMA, JUDGE
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