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C.RAVINDRAN, S/O.CHAMIYAR, AGED 43 v. STATE OF KERALA, REPRESENTED BY - Bail Appl No. 4034 of 2007 [2007] RD-KL 13233 (17 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4034 of 2007()1. C.RAVINDRAN, S/O.CHAMIYAR, AGED 43
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.RAJESH SIVARAMANKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/07/2007
O R D E R
R. BASANT, J.
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B.A.No. 4034 of 2007
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Dated this the 16th day of July, 2007
O R D E R
Application for anticipatory bail. The crux of the contentions raised by the defacto complainant in the F.I. statement lodged by him is that he had deposited an amount of Rs.25,000/- in the finance company run by the petitioner as a Proprietory concern. Inspite of the promise made, amount has not been returned. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest.2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is submitted that he is only a partner of the company. The other partners were running the business. Allegations are raised against the petitioner, who has nothing to do with the actual business. It is only to vex and harass the petitioner the allegations are raised. In these circumstances directions under Section 438 Cr.P.C. may be issued in his favour, submits the counsel. B.A.No. 4034 of 2007 2
3. The learned Prosecutor opposes the application. But notwithstanding the opposition, I am satisfied that appropriate directions under Section 438 Cr.P.C. can be issued in favour of the petitioner now.
4. In the result:
(1) This application is allowed.
(2) The following directions are issued under
Section 438 Cr.P.C.
(a) The petitioner shall surrender before the learned Magistrate on
24.7.2007 at 11 a.m. The learned
Magistrate shall release the petitioner on
regular bail on his depositing an amount of Rs.10,000/- as cash security
and executing a bond for Rs.25,000/- (Rupees twenty five thousand
only) with two solvent sureties each
for the like sum to the satisfaction of
the learned Magistrate.
(b) The petitioner shall make himself available for interrogation
before the Investigating Officer
between 10 a.m. and 1 p.m. on 25.7.07 and
26.7.2007 and thereafter on all Mondays and Fridays between 10 a.m. and
12
noon for a period of one month and subsequently as and when directed
by the Investigating Officer in writing to do so.
(c) If the petitioner does not appear before the learned Magistrate as
directed in clause (1) above, these directions
shall lapse on 24.7.07 and the
B.A.No. 4034 of 2007
3
police shall be at
liberty thereafter to arrest the petitioner and deal with him
in accordance with law.
(d) If the petitioner were arrested prior to his surrender on 24.7.2007
as directed in clause (1) above, he shall
be released from custody on his
executing a bond for Rs.25,000/- without any surety undertaking to appear
before the
learned Magistrate on 24.7.2007.
(R. BASANT)
Judge
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