IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2878 of 2009() --------------------------------------- CRIME NO.388/2008 OF NEELESWARAM POLICE STATION, KASARGODE PETITIONER/ACCUSED: --------------------------------------- SUKUMARAN, S/O.K.GOVINDAN, AGED 48, CHANDERA, MANIYAT P.O. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT/STATE & COMPLAINANT: ----------------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NEELESWARAM POLICE STATION, KASARGODE. (THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA). SRI .M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2878 of 2009 ------------------------------------ Dated this the 10th day of 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.388/2008 of Neeleswaram Police Station, Kasargode. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Judicial Magistrate of the First Class II, Hosdurg, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. Accordingly, a crime was registered. 4. Annexure A1 complaint would disclose that a sum of Rs.1,50,000/- was borrowed by the accused from the complainant on the foot of a promissory note and that the petitioner has not paid the amount due under the promissory note. It is also stated though three years have elapsed since the execution of the promissory note, the accused did not pay any amount to the complainant. Thus, the accused has B.A. No. 2878 / 2009 2 cheated the complainant. The case is predominantly of a civil nature. 5. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that 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 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 appear before the investigating officer for interrogation as and when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm