IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2260 of 2008()
1. S. ANIL KUMAR, S/O. SUDHAKARAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SANU.S.PANICKER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/04/2008
O R D E R
R.BASANT, J
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B.A.No.2260 of 2008
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Dated this the 11th day of April, 2008
ORDER
Application for anticipatory bail. Petitioner is the 2nd
accused. Altogether there are 3 accused persons. They face
allegations in a crime registered alleging the offence punishable
under Section 420 r/w 34 I.P.C.
2. The crux of the complaint is that the accused persons
induced the defacto complaint, a B.A Degree holder, to part with
an amount of Rs.1.25 lakhs as advance towards a total amount of
Rs.5 lakhs to be paid as consideration for securing a teacher’s job
in an institution run by the 1st accused. The amount was paid
directly to the 1st accused in the presence of accused 2 and 3, it is
alleged. The payment was made in January, 2005. Long later in
2007, a compliant has been filed. Crime has been registered.
Investigation is in progress. The petitioner apprehends imminent
arrest.
3. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. He had no contumacious
involvement in the alleged deception practiced on the defacto
B.A.No.2260 of 2008 2
complainant by the 1st accused. In any view of the matter, the
petitioner does not deserve to suffer the trauma of arrest and
incarceration. He may be granted anticipatory bail, it is prayed.
4. The learned Public Prosecutor does not oppose the
application, but only prays that appropriate conditions may be
imposed. Even the case of the defacto complainant is only that
the amount was directly handed over to the 1st accused. The role
of the other accused in inducing the complainant to part with
money deserves to be probed, submits the learned Public
Prosecutor .
5. In the result, this 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 21.04.2008. He shall be enlarged on
regular bail on his executing 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
1 p.m on 22.04.2008 and 23.04.2008. During this period, the
Investigating Officer shall be at liberty to interrogate the
B.A.No.2260 of 2008 3
petitioner in custody and take all necessary steps for the proper
conduct of the investigation. Thereafter the petitioner shall make
himself available for interrogation before the Investigating Officer
between 10 a.m and 12 noon on all Mondays and Fridays for a
period of two months 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 those directions were not issued at all;
iv) If the petitioner were arrested prior to his surrender on
21.04.08 as directed in clause (1) above, 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 21.04.08.
(R.BASANT, JUDGE)
rtr/-