IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 Bail Appl..No. 7316 of 2009(F) ----------------------------------------- (CRIME NO.347/2009 OF KOZHINJAMPARA POLICE STATION, PALAKKAD DIST.) ........... PETITIONER/IST ACCUSED: ---------------------------------------- BEERAN KOYA,AGED 56 YEARS, S/O.MOIDEENKUTTY,CHERUVALATHU PARAMBA, PUTHIYANGADI.P.O,KOZHIKODE. BY ADV. MR.T.G.RAJENDRAN. RESPONDENTS/COMPLAINANT & STATE: ------------------------------------------------------------ 1. THE SUB INSPECTOR OF POLICE, KOZHINJAMPARA POLICE STATION. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. R1 & R2 BY DIRECTOR GENERAL OF PROSECUTIONS MR. V.G. GOVINDAN NAIR, PUBLIC PROSECUTOR MR. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T. SANKARAN, J. --------------------------- B.A. No. 7316 of 2009 ------------------------------------ Dated this the 14th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.347/2009 of Kozhinjampara Police Station. 2. The offences alleged against the petitioner are under Sections 420, 468, 471 and 120B read with Section 34 of the Indian Penal Code. 3. The petitioner is a dealer in live chicken. He brought live chicken from Tamil Nadu to Kerala. The petitioner was bound to pay advance tax. He produced an instrument stating that it was a demand draft. The advance tax payable was Rs.28,90,000/-. Later, it was revealed that it was not a demand draft or a pay order, but a cheque. On presentation of the cheque, it was dishonoured on the ground of insufficieny of funds in the account of the petitioner. It is alleged that the petitioner has committed the offence mentioned above. 4. The petitioner was arrested on 19/11/2009 and he was remanded to judicial custody on 20/11/2009. B.A. No. 7316 /2009 2 5. The learned counsel for the petitioner submitted that the petitioner is prepared to comply with any condition that may be imposed by the court. The counsel stated that the petitioner agrees to deposit the advance tax within a reasonable time after his release on bail. 6. The learned Director General of Prosecution opposed the Bail Application. He submitted that the investigation is not complete and that the petitioner cannot be released on bail at this stage. Further, the learned Director General of Prosecution added that the State is mainly concerned with collection of tax at present and that if the petitioner offers to deposit the amount, he can be released on bail on conditions. 7. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and also the submissions made by the learned counsel for the petitioner and the learned Director General of Prosecution as mentioned above, I am of the view that bail can be granted to the petitioner, on stringent conditions. 8. The petitioner shall be released on bail on his executing bond for Rs.50,000/- with two solvent sureties each for the like B.A. No. 7316 /2009 3 amount to the satisfaction of the Judicial Magistrate of the First Class, Chittur subject to the following conditions:- A) The petitioner shall pay to the Commercial Tax Officer, Nadappuni Check Post a sum of Rs.15 lakhs within a period of one month from the date of his release on bail. The petitioner shall also pay a sum of Rs.13,90,000/- to the Commercial Tax Officer, Nadappuni Check Post on or before 20/03/2010. B) 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. C) The petitioner shall appear before the Investigating Officer for interrogation as and when required. D) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. E) The petitioner shall not commit any offence or indulge in any prejudicial activity while on 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 as above. K.T. SANKARAN, JUDGE scm