IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 Bail Appl..No. 547 of 2008() ---------------------------- CRIME 79/08 OF ADOOR POLICE STATION PETITIONER/ ACCUSED NO.2 IN CRIME NO. 79/2008: --------------------------------------------------- PRASANNAKUMAR, S/O.BAHULEYAN, RESIDING AT "PRANAVAM", CHITTANDU MURI, EZHUKONE VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.P.GOPAKUMARAN NAIR SRI.C.S.DIAS SRI.K.V.ANIL KUMAR RESPONDENTS: COMPLAINANT IN CIRME NO.79/2008: --------------------------------------------- STATE OF KERALA REPRESENTED BY THE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 547 OF 2008 A ```````````````````````````````````````````````````` Dated this the 31st day of January, 2008 O R D E R Application for anticipatory bail. Petitioner is the 2nd accused. Altogether there are two accused persons. Accused No.1 allegedly purchased cashew from the de facto complainant. Towards the price payable, cash was paid in part and a cheque was handed over by A1 for the balance amount. That cheque was dishonoured on the ground of insufficiency of funds. A complaint was filed against the first accused. He was arrested. It was revealed that the cheque is that of the petitioner herein. 2. The learned counsel for the petitioner submits that the petitioner can be held to be liable at worst only for an offence under section 138 of the Negotiable Instruments Act and there is absolutely no element of the offence of cheating even if the entire allegations were accepted against the petitioner. BA.547/08 : 2 : 3. The learned Public Prosecutor does not oppose the application and I am satisfied that anticipatory bail can be granted to the petitioner subject to appropriate terms and conditions. 4. 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 7.2.2008. He shall be released on regular bail on condition that he 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 himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 8.2.2008 and 9.2.2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the BA.547/08 : 3 : proper conduct of the investigation in this crime. Thereafter, he 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 him in accordance with law, as if these directions were not issued at all. (iv) If he were arrested prior to 7.2.2008, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) without any sureties, undertaking to appear before the learned Magistrate on 7.2.2008. (R.BASANT, JUDGE) aks