IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Bail Appl..No. 627 of 2010 CRIME NO.381 OF 2009 OF KUZHALMANDAM POLICE STATION PETITIONER/ACCUSED ------------------------------------ JAYAN, S/O. CHELLAYYA NADAR, GRACE VILLA, NEYYATTINKARA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.DINESH RESPONDENTS: STATE & COMPLAINANT: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ABI GEORGE, S/O. LELLAMMA GEORGE, 2/526, AMBALACHALAYIL HOUSE, KANNADI P.O., PALAKKAD. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 627 OF 2010 ------------------------------------------------------ Dated this the 2nd day of February, 2010 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.381 of 2009 of Kuzhalmandam Police Station. 2. The offences alleged against the petitioner are under Sections 468, 406 and 420 of the Indian Penal Code. 3. The de facto complainant filed Annexure A2 complaint before the Court of the Judicial Magistrate of the First Class I, Palakkad. The complaint was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. The case of the de facto complainant is that he sold a lorry to the accused with a condition that the accused should pay the hire purchase instalments and that if he committed default in paying the hire purchase instalments, the de facto complainant would have the right to B.A. NO. 627 OF 2010 :: 2 :: repossess the vehicle. The accused did not pay the hire purchase instalments. In spite of the request made by the de facto complainant, he did not pay the amount. The de facto complainant could not repossess the vehicle also. It is alleged that the accused sold the vehicle to another party. 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 anticipatory bail can be granted to the petitioner. 5. 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.15,000/- 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; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; B.A. NO. 627 OF 2010 :: 3 :: 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 ahz/