IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3819 of 2007()
1. K.V.MURALEEDHARAN, S/O.K.R.VELAYUDHAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.A.N.RAJAN BABU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :23/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 3819 of 2007
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Dated this the 23rd day of July, 2007
O R D E R
Application for anticipatory bail. The petitioner is the first
accused. He faces allegations, inter alia, under Sections 465 and 420
I.P.C. Altogether there are two accused persons. The defacto
complainant and the first accused are both police constables. The
crux of the allegations is that the first accused, i.e. the petitioner
herein, persuaded the defacto complainant to get a salary certificate
issued to him and to hand the same to the first accused on the plea
that the first accused had to get a chitty. The defacto complainant
was to stand surety for that transaction. Instead of making use of the
certificate for the said purpose, it is alleged that the first accused
made use of that certificate to stand as a surety for a loan secured by
the second accused. The first accused, it is further alleged,
impersonated and represented himself to be the defacto complainant
and executed the necessary documents in the name of the defacto
complainant. Investigation is in progress. The petitioner apprehends
imminent arrest.
B.A.No. 3819 of 2007
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2. When the matter came up for hearing, it was submitted at the Bar
that the disputes have been settled and that the liability arising in respect of
the loan of the second accused has now been cleared completely. The
learned Prosecutor, in these circumstances, does not seriously oppose the
application for anticipatory bail, but submits that appropriation conditions
may be imposed in the interest of a fair, efficient and expeditious
investigation.
3. I am satisfied that in the facts and circumstances of this case,
directions under Section 438 Cr.P.C. can be issued in favour of the
petitioner, subject of course to conditions, which shall ensure the interest of
a fair, efficient and expeditious investigation.
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under Section 438 Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate on
30.7.2007 at 11 a.m. The learned Magistrate shall release the petitioner on
regular bail on condition that the petitioner executes a bond for
Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for
the like sum to the satisfaction of the learned Magistrate.
B.A.No. 3819 of 2007
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(b) The petitioner shall make himself available for interrogation
before the Investigating Officer between 10 a.m. and 1 p.m. on all
Mondays and Fridays between for a period of two months and thereafter
as and when directed by the Investigating Officer in writing to do so.
(c) If the petitioner does not appear before the learned Magistrate as
directed in clause (1) above, these directions shall lapse on 30.7.07 and the
police shall be at liberty thereafter to arrest the petitioner and deal with him
in accordance with law.
(d) If the petitioner were arrested prior to his surrender on 30.7.2007
as directed in clause (1) above, he shall be released from custody on his
executing a bond for Rs.50,000/- without any surety undertaking to appear
before the learned Magistrate on 30.7.2007.
(R. BASANT)
Judge
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