IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2018 of 2008()
1. VARGHESE JOHN @ PRADEEP, AGED 32
... Petitioner
Vs
1. S.I. OF POLICE
... Respondent
For Petitioner :SRI.JUDE B.ALEX
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :02/04/2008
O R D E R
R. BASANT, J.
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B.A. No. 2018 OF 2008
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Dated this the 2nd day of April, 2008
O R D E R
Application for regular bail. Petitioner faces
allegations in a crime registered for alleging offences
punishable, inter alia, under sections 408 and 420 IPC. The
alleged incident took place on 13.3.08. The petitioner is the
driver of the de facto complainant. The de facto complainant
had entrusted an amount of Rs.4,18,808/- as also a cheque
leaf with the petitioner, his driver, for remittance in the bank.
The petitioner did not remit the amounts. He misappropriated
the said amounts. He made himself scarce and started
absconding. Crime was registered. The petitioner was
arrested on 18.3.08. He continues in custody from that date.
Part of the booty has been recovered. Investigation is not
complete. Final report has not been filed.
2. The learned counsel for the petitioner prays, the
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learned Public Prosecutor does not oppose the said prayer on
condition that the investigating officer is granted reasonable
further time to complete the investigation and I am satisfied
that regular bail can be granted to the petitioner subject to
appropriate conditions. The learned Public Prosecutor further
reports that it may be ensured that the petitioner shall be
available for trial as it is revealed that there was an attempt on
the part of the petitioner to abscond and take up residence in
some remote place without revealing the details to anyone
after the commission of the offence.
3. In the result, this petition is allowed. The petitioner
shall be enlarged on bail on the following terms and
conditions:
i) The petitioner shall not be released on bail on the
strength of this order prior to 11.4.08. The investigating
officer shall, in the meantime, make every endeavour to
complete the investigation.
ii) He shall execute a bond for Rs.1,00,000/- (Rupees
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one lakh only) with two solvent sureties each for the like sum
to the satisfaction of the learned Magistrate.
iii) 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 from the date of his release and thereafter as and
when directed by the investigating officer in writing to do so.
iv) The petitioner shall furnish to the investigating
officer the address of his place of residence within seven days
of his release from custody and thereafter he shall keep the
investigating officer informed of any further change of such
address during the pendency of the case against him.
(R.BASANT, JUDGE)
aks