P.A. Joseph vs State of Kerala

K.T. Sankaran, J.—This is an application for anticipatory bail u/s 438 of the Code of Criminal Procedure. The petitioner is accused No. 5 in Crime No. 171 of 2009 of Mavelikkara Police Station.

The offence alleged against the petitioner is under Sections 406 and 420 of the Indian Penal Code.

The petitioner and three other accused persons moved for anticipatory bail in B.A. No. 1982 of 2009, but that application was dismissed by this Court, as per the order dated 15.4.2009. Learned Counsel for the petitioner submitted that there is change of circumstance. The petitioner is aged 72 years. He is suffering from coronary artery disease/hypertension and chronic obstructive airway disease. It is stated in the certificate issued by Dr. Joby Abraham of the Ernakulam Medical Centre that it is likely that the petitioner has to undergo an operation on 14.6.2009 followed by bed rest. Learned Counsel for the petitioner submitted that there is no allegation against the petitioner either by the de facto complainant or by anybody else, that he has received any amount or that he has issued any cheque. The petitioner stated that he deposited a sum of Rs. 12.5 lakhs in the business concern of accused Nos. 1 and 2. When the petitioner demanded the money back, accused Nos. 1 and 2 informed the petitioner that he would be made a Director in the companies floated by them. Accordingly, the petitioner was made as a Director in three companies. Even in the affidavit filed before Court for getting custody of the first accused, it is submitted by the investigating officer that the main part was played by accused Nos. 1 and 2. Though the petitioner is a Director of the companies, it is submitted that he has no direct involvement. The counsel submitted that these facts and circumstances coupled with the physical condition of the petitioner would be sufficient ground in considering the request of the petitioner to grant anticipatory bail.

Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs. One lakh with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:

a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders. If the petitioner is admitted in a hospital for surgery or for any other purpose, that fact would be intimated to the investigating officer and in such an event, the petitioner need not report as above during such period.

b) The petitioner shall appear before the investigating officer for interrogation as and when required;

c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail;

f) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed to the extent indicated above.