IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2082 of 2008()
1. RAMACHANDRU KURUP, S/O.GOVINDAN NAIR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :04/04/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
B.A. No.2082 of 2008
-------------------------------------------------
Dated this the 4th day of April, 2008
ORDER
Application for anticipatory bail. The petitioner is the
father of the de facto complainant. The allegation is of theft
punishable under Sec.379 of the IPC. A car belonging to the
son/the de facto complainant was allegedly handed over to the
father/accused three years back for his use. It is the
contention of the son that he had, at the time when the car was
so handed over, left a signed blank cheque leaf in the car. The
father did not return the same. He allegedly misutilised the
same. He handed it over to another person who has now
staked a claim on the strength of the said cheque against the
de facto complainant/the son.
2. A crime has been registered on the basis of a First
Information Statement lodged by the de facto complainant.
B.A. No.2082 of 2008 -: 2 :-
Investigation is in progress. The petitioner apprehends
imminent arrest.
3. 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 of this case, that the
petitioner can be granted anticipatory bail. Appropriate
conditions to facilitate a proper and efficient investigation can, of
course, be imposed.
4. In the result, this petition is allowed. Following
directions are issued under Sec.438 of the Cr.P.C:
(i) The petitioner shall appear before the learned
Magistrate having jurisdiction at 11 a.m. on 11/4/08. He shall be
released on regular bail on his executing a bond for Rs.25,000/-
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 15/4/08 and 16/4/08. Thereafter the petitioner
shall appear before the Investigating Officer on all Mondays
between 10 a.m. and 12 noon for a period of one month.
Subsequently, he shall so make himself available for
interrogation before the Investigating Officer as and when
B.A. No.2082 of 2008 -: 3 :-
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 the petitioner were arrested prior to his surrender
on 11/4/08 as directed in clause (i) above, he shall be released on
his executing a bond for Rs.25,000/- without any sureties
undertaking to appear before the learned Magistrate on 11/4/08.
(R. BASANT, JUDGE)
Nan/