IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 709 of 2008()
1. SANTHOSH KUMAR, S/O.SUKUMARAN NAIR,
... Petitioner
2. NAVEEN BABU, S/O.JAYABAL
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI. K.SHAJ
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :07/02/2008
O R D E R
R.BASANT, J
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B.A.No.709 of 2008
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Dated this the 7th day of February, 2008
ORDER
Application for anticipatory bail. Petitioners are accused 2
and 3. Altogether there are 4 accused persons. The crux of the
allegations is that the petitioners, who are employees of a new
generation bank, had forcibly dispossessed the defacto
complainant of a vehicle in respect of which a financial
arrangement has been availed from the said bank. Crime has
been registered. Investigation is in progress. The petitioners
apprehend imminent arrest.
2. The learned counsel for the petitioners submits that
the petitioners had not committed any offence and that they are
willing to co-operate with the investigator. They are willing to
produce the vehicle before the investigator as and when directed
by this Court, submits the learned counsel for the petitioners.
3. The learned Public Prosecutor does not oppose the
application, but only submits that appropriate conditions may be
imposed in the interests of a fair, efficient and expeditious
investigation.
B.A.No.709 of 2008 2
4. I am satisfied that anticipatory bail can be granted to
the petitioners. In the absence of opposition, it is not necessary
for me to advert to facts in any greater detail in this order.
Appropriate conditions can of course be imposed in the interests
of a proper investigation.
5. In the result, the Bail Application is, allowed. The
following directions are issued under Section 438 Cr.P.C.
a) The petitioners shall produce the vehicle before the
Investigating Officer on or before 14.02.08;
b) The petitioners shall appear before the learned
Magistrate at 11 a.m on 15.02.08. They shall be enlarged on
regular bail on condition that
i) The petitioners satisfy the learned Magistrate that
condition (a) above has been satisfied;
ii) They execute bonds for Rs.50,000/- (Rupees Fifty
thousand only) each with two solvent sureties each for the like
sum to the satisfaction of the learned Magistrate;
c) The petitioners shall make themselves available for
interrogation before the Investigating Officer between 10 a.m and
B.A.No.709 of 2008 3
3 p.m on 16.02.08 and 17.02.08 and thereafter as and when
directed by the Investigating Officer in writing to do so;
d) 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 those directions were not issued at all;
e) If the petitioners were arrested prior to their surrender
on 15.02.08 as directed in clause (1) above, they shall be
released from custody on their executing a bond for Rs.50,000/-
(Rupees Fifty thousand only) each without any sureties
undertaking to appear before the learned Magistrate on 15.02.08.
(R.BASANT, JUDGE)
rtr/-