IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5599 of 2007()
1. V.P.ABDURAHIMAN, S/O.MUHAMMED,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :18/09/2007
O R D E R
R. BASANT, J.
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B.A. No. 5599 OF 2007
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Dated this the 18th day of September, 2007
ORDER
Application for anticipatory bail. The petitioner faces
allegations of having committed offences punishable, inter alia,
under Sec.468 of the IPC. He is the 1st accused. Altogether,
there are two accused persons. The crux of the allegations is
that the 2nd accused was introduced to the de facto
complainant by the petitioner. The de facto complainant is a
financier. He had advanced loan to the 2nd accused and the
Registration Certificate of a vehicle was produced before the
de facto complainant by the 2nd accused. That Registration
Certificate now turns out to be a forged one. The transaction
took place in March 2006. Twice earlier apprehending that
proceedings may be initiated against the petitioner and the
petitioner may be arrested, the petitioner had gone before the
B.A. NO.5599 of 2007 -: 2 :-
learned Sessions Judge seeking anticipatory bail. On both such
occasions, it was reported that the petitioner is not required to
be arrested. But now the petitioner understands that a crime
has been registered. He apprehends imminent arrest.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. Even going by the allegations,
the petitioner has no better or contumacious role than
introducing the 2nd accused to the de facto complainant and from
that simple act it would be unjust to assume that the petitioner
had any contumacious or culpable intent. The petitioner is
willing to co-operate with the Investigator. Subject to
appropriate conditions the petitioner may be granted
anticipatory bail, prays the learned counsel for the petitioner.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the de facto
complainant knew only the 1st accused and it was the 1st accused
who introduced the 2nd accused to him. The 2nd accused, it is
submitted, is now abroad.
4. Having considered all the relevant circumstances,
notwithstanding the opposition by the learned Public Prosecutor,
I am satisfied that directions under Sec.438 of the Cr.P.C. can be
issued in favour of the petitioner subject, of course, to
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appropriate conditions which shall zealously ensure the interests
of a fair, adequate and expeditious investigation.
5. 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 25/9/07. He shall be
released on regular bail on his executing a bond for Rs.50,000/-
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 26/9/07 and 27/9/07 and thereafter on all Mondays
and Fridays between 10 a.m. and 12 noon for a period of two
months. Subsequently, he shall so make himself available for
interrogation before the Investigating Officer 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 these directions were not issued at all;
(iv) If the petitioner were arrested prior to his surrender
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on 25/9/07 as directed in clause (i) above, he shall be released on
his executing a bond for Rs.50,000/- without any sureties
undertaking to appear before the learned Magistrate on 25/9/07.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge