High Court Kerala High Court

M.S. Vinayan vs State Of Kerala on 1 October, 2007

Kerala High Court
M.S. Vinayan vs State Of Kerala on 1 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5771 of 2007()


1. M.S. VINAYAN, S/O. SEKHARAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.G.SREEKUMAR (CHELUR)

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :01/10/2007

 O R D E R
                             R.BASANT, J
                   ------------------------------------
                         B.A.No.5771 of 2007
                  -------------------------------------
                Dated this the 1st day of October, 2007

                                 ORDER

Application for anticipatory bail. The petitioner is the sole

accused in a crime registered for offences punishable under Sections

420 and 406 I.P.C. Subsequently 2 other accused have also been

arrayed as accused, submits the learned Public Prosecutor . The crime

has been registered on the basis of a complaint which was referred to

the police under Section 156(3) Cr.P.C by the learned Magistrate. The

crux of the allegations is that the defacto complainant was induced to

part with amounts to facilitate construction of a Hanuman Temple by

the accused. The defacto complainant handed over the amounts

available with her. She allegedly pledged her gold ornaments to raise

further amounts. Her gold ornaments were sold of because she was

not able to repay the money. Crime has been registered.

Investigation is in progress. The petitioner apprehends imminent

arrest.

2. The learned counsel for the petitioner prays, the learned

Public Prosecutor does not oppose the said prayer and I am satisfied

in the facts and circumstances to which brief reference has already

been made that the petitioner can be granted anticipatory bail subject

of course to appropriate terms and conditions.

B.A.No.5771 of 2007 2

3. In the result, the Bail Application is, allowed. The following

directions are issued under Section 438 Cr.P.C.

i) The petitioner shall appear before the learned Magistrate at

11 a.m on 08.10.2007. He shall be enlarged on regular bail on his

executing a 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;

ii) The petitioner shall make himself available for interrogation

before the Investigating Officer between 10 a.m and 3 p.m on

09.10.2007 and 10.10.2007 and thereafter between 10 a.m and 12

noon on all Mondays and Fridays for a period of two months.

Subsequently the petitioner shall make himself available for

interrogation before the Investigating Officer as and when directed by

the Investigating Officer in writing to do so;

iii) 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 him in accordance with law as if those

directions were not issued at all;

iv) If the petitioner were arrested prior to his surrender

on 08.10.07 as directed in clause (1) above, he shall be released from

B.A.No.5771 of 2007 3

custody 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 08.10.07.

(R.BASANT, JUDGE)
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