Anticipatory bail can be granted when there is no substantial evidence against the petitioner and non-opposition from the Public Prosecutor.

O R D E R

Application for anticipatory bail. The petitioner, a woman, faces allegations in a crime registered for offences punishable inter alia under Sections 406 and 420 I.P.C. The crime is registered as crime No.606/2006 of Chalakkudy police station. The allegation relates to instances of misappropriation etc.

committed in the Chalakkudy Urban Co-operative Bank Ltd. 2. The petitioner is a director of the said Urban Bank.

The crux of the allegations is that the accused persons acting fraudulently had siphoned out funds from the Co-operative Bank and had used the same for selfish purposes.

3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. She is a director in the lady reservation seat in the Board of Directors. She has absolutely no involvement with any specific transactions. Even the alleged complicity is only that she, as a member of the Board of Directors, was a party to certain decisions taken by the Board. She has derived no personal advantage nor is there any allegation that the petitioner has, in any way, benefited by any B.A.No.54/08 2 transaction unjustly or unfairly. The petitioner may be saved from the trauma of arrest and incarceration, submits the learned counsel for the petitioner.

4. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor only submits that appropriate conditions may be imposed which shall ensure the interests of a fair, efficient and expeditious investigation. I am satisfied that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions.

5. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner.

i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 16/01/2008. She shall be released on regular bail on condition that she executes a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate.

ii) The petitioner shall make herself available for interrogation before the investigating officer between 10 a.m B.A.No.54/08 3 and 3 p.m on 17/01/2008 and 18/01/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear 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.

(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 her in accordance with law, as if these directions were not issued at all.

(iv) If she were arrested prior to 16/01/2008, she shall be released from custody on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 16/01/2008.

(R.BASANT, JUDGE)

jsr B.A.No.54/08 4 B.A.No.54/08 5 R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007