IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Bail Appl..No. 7134 of 2008() ----------------------------- CRIME NO.1026/2008 OF KADAVANTHARA POLICE STATION PETITIONER (S): -------------------- U.K.MOHAMMED ALI, S/O.KUTTY HASSAN UMML KUNNUMMAL HOUSE, POST UNNIKULAM BALUSSERY, CALICUT. BY ADV. SRIC.M.MOHAMMED IQUABAL RESPONDENT(S)/ COMPLAINANT:- --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 7134 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November,2008 O R D E R Petition for anticipatory bail. 2. The alleged offences are under sections 406 and 420 IPC. According to prosecution, petitioner has taken two telephone connections from B.S.N.L. under Super Mega Plan. He made several calls and thereby a huge amount of more than Rs.44 lakhs is due to B.S.N.L. But petitioner closed down his institution and he absconded without paying the amount. Several notices were issued to petitioner, but he had not turned up to make the payment. Chief Accounts Officer of the B.S.N.L. filed the complaint. 3. Learned counsel for petitioner submitted that there is a dispute with regard to the amount payable to the B.S.N.L. A discount was agreed to be allowed on the charges, but later B.S.N.L. has withdrawn the discount. He also submitted that petitioner has no intention to abscond and petitioner is prepared to surrender before court. A direction may be issued to dispose of the application on the same day it is filed, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a case where petitioner absconded without making payment and he was evading notices issued from the BA 7134/08 -2- B.S.N.L. On the facts of this case it is not a fit case to grant anticipatory bail to petitioner, it is submitted. 5. On hearing both sides, I am satisfied that considering the nature of the case, it is not a fit case to grant anticipatory bail to petitioner. Petitioner is required for interrogation and he shall co-operate with the investigation. If the petitioner proposes to surrender before the court he is at liberty to do so. Permission from this Court is not necessary to surrender. Even if any application for bail is filed, it shall be disposed of in accordance with law for which permission or direction from this Court is unnecessary. Petitioner is directed to surrender before the Investigating Officer without any delay and co- operate with the investigation. Whether he surrenders or not, police is at liberty to arrest him and proceed in accordance with law. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.