IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 151 of 2009()
1. SAJEEV @ THAMPAN, S/O. DAYANANDA BABU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NIREESH MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :10/02/2009
O R D E R
K.HEMA, J.
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B.A. No.151 OF 2009
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Dated this the 10th day of February, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offence is under Section 420 of I.P.C.
According to prosecution, defacto complainant owns a car and
this was given to petitioner on rental basis for a period of 3
months for his personal use. Though the period is over, he did
not return the car and hence, the complaint.
3. Learned counsel for petitioner submitted that even as
per the allegations in the complaint, petitioner is entitled to
use the car until 10.09.2008. Even though the said period was
over, the defacto complainant did not make any complaint for
more than 3 months. He filed a complaint only on 30.12.2008
and there is no explanation for the long delay. Actually the
defacto complainant owes money to petitioner by virtue of
Annexure B agreement and Rs.1Lakh is to be returned to
petitioner within 27.12.2008. Petitioner demanded the money
back and hence, after 3 days, on 30.12.2008, the complaint is
filed. It is also submitted that this court had directed
B.A.No.151 of 2009
2
petitioner to make himself available for interrogation by the
investigating officer to explain petitioner’s innocence and he
had reported before the investigating officer on 21.01.2009
but, he was not questioned by the investigating officer and he
was let off. Though the case was posted from 27.01.2009
onwards, there is no instruction from the police to the learned
Public Prosecutor. Hence, anticipatory bail may be granted, it
is submitted.
4. Learned Public Prosecutor submitted that so far, no
instruction is received and he prays for time.
On hearing both sides, I do not find that any further time
need to be granted for getting instructions. I am satisfied that
it is a fit case to grant anticipatory bail.
Hence, the following order is passed :
Petitioner shall surrender before the Magistrate
court concerned within seven days from today
and he shall be released on bail on his executing
bond for Rs.25,000/- with two solvent sureties
each for like sum to the satisfaction of the
learned Magistrate on the following conditions :
B.A.No.151 of 2009
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i) Petitioner shall report before the
Investigating Officer as and when directed.
ii) Petitioner shall not influence or intimidate
any witness or commit any offence while
on bail.
The petition is allowed.
K.HEMA, JUDGE
pac