IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3927 of 2007()
1. K.P.SUNDARAN, S/O.ANANDAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.P.M.PAREETH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :29/06/2007
O R D E R
R.BASANT, J.
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B.A.No.3927 of 2007
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Dated this the 29th day of June 2007
O R D E R
Application for anticipatory bail. The petitioner is the owner of
a hotel. He faces allegations that theft of electrical energy was
committed in his premises. The F.I.R has been registered under the
relevant provisions of the Indian Electricity Act, 2003. The police can
only investigate but cognizance can be taken by the Magistrate only
on the basis of the complaint of the notified authority. Investigation is
in progress. Demand has been made of a huge amount from the
petitioner. The petitioner had approached this court and restoration
of electrical energy connection has been ordered on condition of
payment of a specified amount. The petitioner, in these
circumstances, apprehends arrest at any moment . It is submitted
that the petitioner is absolutely innocent. Directions under Section
438 Cr.P.C may be issued in favour of the petitioner, it is prayed.
2. Application is not seriously opposed by the learned Public
Prosecutor and I am satisfied in the facts and circumstances of this
case that appropriate directions can be issued under Section 438
Cr.P.C subject, of course, to conditions which shall ensure the
interests of a fair, efficient and expeditious investigation.
3. This petition is hence allowed. The petitioner shall be
released on bail on the following terms and conditions:
B.A.No.3927/07 2
i) Petitioner shall surrender before the learned Magistrate
having jurisdiction at 11 a.m on 07/07/2007.
ii) He shall be released on regular bail on condition that he
executes bond for Rs.25,000/-(Rupees twenty five thousand only) with
two solvent sureties each for the like sum to the satisfaction of the
learned Magistrate.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m and 4
p.m on 09/07/2007 and 10/7/2007 and thereafter as and when
directed by the investigating officer in writing to do so.
(iv) 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 them in accordance with law, as if these
directions were not issued at all.
(v) If he was arrested prior to 07/07/2007, he shall be
released on bail on his executing a bond for Rs.25,000/- (Rupees
twenty five thousand only) without any sureties, undertaking to
appear before the learned Magistrate on 07/07/2007.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
B.A.No.3927/07 3
B.A.No.3927/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007
