IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1290 of 2008()
1. NATARAJAN,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
For Petitioner :SRI.S.SANTHOSH KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :03/03/2008
O R D E R
R. BASANT, J.
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B.A. No. 1290 OF 2008
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Dated this the 3rd day of March, 2008
O R D E R
Application for anticipatory bail. Petitioner faces
allegations in a crime registered alleging offences punishable
under section 420 IPC. Crime has been registered on the
basis of a private complaint filed by the de facto complainant.
The de facto complainant is the sister-in-law of the petitioner
herein. The crux of the allegations is that while the parties
were continuing business as a partnership firm, certain
amounts received by the petitioner on behalf of the
partnership firm has not been duly accounted or distributed
among members.
2. The learned counsel for the petitioner submits that
there is absolutely no worthwhile allegations against the
petitioner. A suit for accounting ought to be filed by the de
facto complainant. There is no merit whatsoever in the
allegation that the petitioner has committed offence of
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: 2 :
cheating.
3. The learned Public Prosecutor does not oppose the
application and I am satisfied that anticipatory bail can be
granted to the petitioner. In the absence of the opposition by
the learned Public Prosecutor, I am not adverting to the facts
in any greater detail in this order.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of
the petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 10.3.2008. He
shall be released on regular bail on condition that he 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.
ii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
and 5 p.m on 11.3.2008 and 12.3.2008. During this period,
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the investigating officer shall be at liberty to interrogate the
petitioner in custody and take all necessary steps for the
proper conduct of the investigation in this crime. Thereafter,
on all Mondays and Fridays between 10 a.m and 12 noon for
a period of one month and subsequently, 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 these directions were not issued at all.
(iv) If he were arrested prior to 10.3.2008, he shall be
released from custody on his executing a bond for
Rs.50,000/- (Rupees fifty thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
10.3.2008.
(R.BASANT, JUDGE)
aks