IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4123 of 2010()
1. P.S.SHIBU, S/O.SADASIVAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.JAI GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :21/07/2010
O R D E R
K.HEMA, J.
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B.A. No. 4123 of 2010
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Dated this the 21st day of July, 2010
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 407 and 420
read with Section 34 of the Indian Penal Code. According to
prosecution, de facto complainant is the owner of a vehicle having
registration of Pondicherry. Petitioner(A1) persuaded the de facto
complainant to hand over the documents relating to the car stating
that he would change the registration to Kerala. Thereafter, he
handed over the documents to the second accused and both of them
raised Rs. 3,00,000/- by pledging the documents and thereby
committed the various offences stated above.
3. Learned counsel for petitioner submitted that de facto
complainant filed a complaint before the C.I.of Police, Pala stating
that his R.C. Book was taken away by petitioner and that it was
pledged with a money lender. Petitioner was called to the police
station and questioned more than one occasion. Since, he was
repeatedly called to police station, he filed a writ petition before this
court and in the said writ petition, learned public Prosecutor
B.A. No. 4123 / 2010 2
submitted that no evidence was collected against petitioner to
connect him with the crime and the matter was closed. Thereafter,
a private complaint was filed by de facto complainant, which was
forwarded to the police for investigation under Section 156(3) of
the Code of Criminal Procedure, a crime was registered against
petitioner.
4. Petitioner is now sought to be arrested and he apprehends
arrest in a non bailable offence. Petitioner has not taken the R.C.
Book. Even as per the allegations in the complaint, the R.C. book
is in the possession of the second accused. Petitioner does not
know how it reached second accused. Petitioner sought for an
opportunity to explain his innocence before the investigating officer
and accordingly this court issued a direction to surrender before
the investigating officer and co-operate with the investigation. He
accordingly surrendered and he was interrogated by the police.
5. Learned Public Prosecutor submitted that petitioner had
appeared before the investigating officer and he was interrogated
by him. On the facts of this case, he has no objection in granting
anticipatory bail to petitioner on conditions, it is submitted.
B.A. No. 4123 / 2010 3
6. On hearing both sides, I am satisfied that petitioner can
be granted anticipatory bail on the conditions. Hence, the
following order is passed:
1. Petitioner shall, in the event of his arrest
be released on bail on his executing a
bond for Rs. 25,000/- with two solvent
sureties each for the like sum to the
satisfaction of the arresting officer on the
following conditions:
i). Petitioner shall report before the
investigating officer as and when
directed and co-operate with the
investigation.
ii). Petitioner shall not influence or
intimidate any witness or tamper
with the evidence.
2. This order will be in force only for a period of
20 days from today. In the meantime,
whether petitioner is arrested or not he
shall seek regular bail from the court.
This petition is allowed.
K. HEMA, JUDGE
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