IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 3110 of 2009 CRIME NO.197 OF 2009 OF PONKUNNAM POLICE STATION PETITIONER: ACCUSED --------------------------- JYOTHI PRASAD, AGED 34 YEARS, S/O. KRISHNANKUTTY NAIR, PUTHENVEETTIL, CHIRAKKADAVU EAST.P.O, PONKUNNAM. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3110 OF 2009 ------------------------------------------------------ Dated this the 12th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.197 of 2009 of Ponkunnam Police Station. 2. The offence alleged against the petitioner is under Sections 415, 417 and 420 of the Indian Penal Code. 3. The prosecution case is that after receiving a sum of Rs.25,000/- from the de facto complainant, the petitioner issued a cheque as if it was issued in respect of an account belonging to him. On presentation of the cheque, it was dishonoured. Later, it is revealed that the cheque does not belong to the account of the accused and it belongs to the account of one Arun. The de facto complainant filed a complaint before Court and it was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. The crime was accordingly registered. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that B.A. NO. 3110 OF 2009 :: 2 :: 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.25,000/- 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; 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. (K.T.SANKARAN) Judge ahz/