IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6653 of 2007(R)
1. REEJA, W/O.SONY, C.S., AGED 28 YEARS,
... Petitioner
2. SONY.C.S., S/O.C.A.SREENIVASAN,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA REPRESENTED BY
For Petitioner :SRI.O.D.SIVADAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :31/10/2007
O R D E R
R.BASANT, J.
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B.A.No.6653 of 2007
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Dated this the 31st day of October 2007
O R D E R
Application for anticipatory bail. The petitioners are
spouses. They face allegations under Section 420 read with 34
I.P.C. The crime has been registered on the basis of a private
complaint filed by a bank which had offered a loan for purchase
of a car. The crux of the allegations is that the car purchased by
the petitioners was disposed of by the petitioners without
making it available to the complainant to proceed for recovery of
the amount.
2. The learned counsel for the petitioners prays, the
learned Public Prosecutor does not oppose the said prayer and I
am satisfied that the petitioners can be granted anticipatory bail
subject to appropriate terms and conditions.
3. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioners.
i) Petitioners shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 07/11/2007. They
B.A.No.6653/07 2
shall be released on regular bail on condition that they execute
bonds for Rs.25,000/-(Rupees twenty five thousand only) each
with two solvent sureties each for the like sum to the satisfaction
of the learned Magistrate.
ii) The petitioners shall make themselves available for
interrogation before the investigating officer between 10 a.m
and 3 p.m on 08/11/2007 and 09/11/2007 and thereafter as and
when directed by the investigating officer in writing to do so.
(iii) If the petitioners do 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 petitioners and deal with them in accordance with law,
as if these directions were not issued at all.
(iv) If they were arrested prior to 07/11/2007, they shall
be released from custody on their executing a bond for
Rs.25,000/- (Rupees twenty five thousand only) without any
sureties, undertaking to appear before the learned Magistrate on
07/11/2007.
(R.BASANT, JUDGE)
jsr
B.A.No.6653/07 3
B.A.No.6653/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007