IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3476 of 2010()
1. K.J.PAUL, AGED 75 YEARS,
... Petitioner
2. C.A.RAPPAI, AGED 74 YEARS,
3. M.A.PAUL, AGED 67 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :13/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 3476 of 2010
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Dated this the 13th day of July, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 405, 406, 417
and 420 read with Section 34 of the Indian Penal Code. According to
prosecution, petitioners(accused nos. 1 to 3) in furtherance of their
common intention, while acting as the chairman and partners of one
firm sold to property of the firm and misappropriated the amounts and
committed cheating etc.
3. Learned counsel for petitioners submitted that an extent of
property was sold, as per a decision of the general body meeting, as
evidenced by Annexure-A. De facto complainant is the husband of one
of the partners, who is also a signatory to Anenxure-A. Petitioners
have not sold the property in any fraudulent manner and they have
not misappropriated any fund, it is submitted.
4. Learned counsel for petitioners also submitted that petitioners
requested for an opportunity to explain their innocence before the
police by producing relevant documents. They were directed by this
court to report before the investigating officer and accordingly they
appeared and they were questioned by him.
B.A. No. 3476/ 2010 2
5. Learned Public Prosecutor submitted that petitioners were
questioned by the investigating officer, when he appeared before him
as per the directions of this court. He has no objection in granting
anticipatory bail on conditions, it is submitted.
6. On hearing both sides, I am satisfied that petitioners can be
granted anticipatory bail on the conditions. Hence, the following order
is passed:
1. Petitioners shall, in the event of their arrest
be released on bail on his executing bond
for Rs. 25,000/- each with two solvent
sureties each for the like sum to the
satisfaction of the arresting officer on
condition that petitioners shall report before
the investigating officer as and when directed
and co-operate with the investigation.
2). This order will be in force only for a period of
20 days from today and petitioners shall seek
regular bail from the court concerned within
such time.
This petition is allowed.
K. HEMA, JUDGE
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