IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 2906 of 2009() ----------------------------------------- CC.407/2008 of J.M.F.C. - I, KARUNAGAPPALLY CRIME NO.156/2009 OF ALAPPUZHA SOUTH POLICE STATION .................... PETITIONER/ACCUSED: -------------------------------------- A.BASHEERKUTTY, S/O.AHAMMEDALI, AGED 52 YEARS, FATHIMA MANZIL, CHANGANKULANGARA, VAVVAKKAVU P.O. KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT: ---------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, ALAPPUZHA SOUTH POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2906 of 2009 ------------------------------------ Dated this the 8th day of July, 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 1st accused in Crime No.156/2009 of Alappuzha South Police Station. 2. The offences alleged against the petitioner are under Sections 406, 420 and 423 read with Section 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the court of Judicial Magistrate of the First Class, Alappuzha, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. The case of the defacto complainant is that he borrowed a sum of Rs.50,000/- from the second accused and issued a blank signed cheque and a signed blank stamp paper to the second accused. Thereafter, Rs.48,000/- was paid to the second accused. When the defacto complainant demanded B.A. No. 2906 / 2009 Page numbers to deliver the cheque to him, the second accused said that the amount was taken from the first accused and that the defacto complainant had to settle the accounts with him. The first accused filed a complaint under Section 138 of the Negotiable Instrument Act before the Magistrate's court against the petitioner misusing the aforesaid cheque and inserting the figure Rs.1,50,000/- in the cheque and thus the offence was committed. 5. The learned counsel for the petitioner submitted that the complaint filed by the petitioner under Section 138 of the Negotiable Instrument Act is pending disposal. 6. In the facts and circumstances of the case, I am of the view that the petitioner is entitled to get anticipatory bail. 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 B.A. No. 2906 / 2009 Page numbers when required; B) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. D) 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 scm