IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 Bail Appl..No. 9094 of 2011() ----------------------------- CRIME NO.2075/2011 OF KOTTARAKKARA POLICE STATION PETITIONER : ACCUSED --------------------------- SABU, PALLIPADINJATTATHILPUTHEN VEEDU, PALLICKAL, MYLOM, KOTTARAKKARA, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT: COMPLAINANT : --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9094 of 2011 ---------------------------------------------- Dated this the 21st day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.2075 of 2011 of Kottarakara Police Station. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is that the accused issued cheques in favour of the de facto complainant and on presentation of the cheques, they were dishonoured on the ground that the petitioner issued notice of stop payment and thus he committed the offence under Section 420 of the Indian Penal Code. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 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 Bail Appln.No.9094/2011 : 2 : 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.10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions:- A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required; C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence. D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. E) In case of breach of any of the conditions Bail Appln.No.9094/2011 : 3 : mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE skj