IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 Bail Appl..No. 4974 of 2008() ----------------------------- (CRIME NUMBER NOT KNOWN OF ANCHALAMMOODU POLICE STATION) PETITIONER/ACCUSED ----------------------------------- SAJI KUMAR, HANDS TECHNOLOGIES, NBRA - 3 POST OFFICE BUILDING, KURAVANKONAM, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. SUB INSPECTOR OF POLICE, ANCHALAMMOODU POLICE STATION, ANCHALAMMOODU. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No.4974 of 2008 ----------------------------------------------- Dated this the 25th day of August, 2008. ORDER Petition for anticipatory bail. 2. The alleged offence is under Section 420 of IPC. A crime was registered as Crime No.412/08 of Anchalammoodu Police Station, Kollam on the basis of a private complaint forwarded by the Magistrate under Section 156(3) Cr.P.C. 3. Learned counsel for the petitioner submitted that petitioner is the owner of A computer accessory shop. One “Pravin Kiran” purchased certain articles from the shop of the petitioner for which he issued a demand draft for Rs.1, 95, 285/- and it was encashed also. Computer accessories were given to him for an amount of Rs.1,27,950/- and the balance of Rs.67335/- was returned to him also. Annexure-C is the copy of the receipt issued by Pravin Kiran and it discloses the said fact. 4. But, one “Pradeep Chand” has issued a lawyer notice on 14.3.2007 making allegation that the petitioner received the the same demand draft from the said Pradeep Chand but goods were not supplied etc. Petitioner gave a reply as per Annexure-B. [B.A.No.4974/08] 2 But, thereafter, a private complaint is field making allegations against the petitioner alleging offence under Section 420 of IPC and petitioner apprehends arrest. Learned counsel for the petitioner submitted that petitioner is prepared to surrender before the investigating officer and co-operate with the investigation. The complaint is filed on some misunderstanding. 5. Learned Public Prosecutor submitted that he has no objection in granting anticipatory bail but a direction may be given to the petitioner to surrender before the investigating officer for interrogation. Hence, the following order is passed: 1) Petitioner shall surrender before the investigating officer within 7 days from today and make himself available for interrogation. 2) Thereafter, if the petitioner is arrested, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will report before the investigating officer as and when directed and co-operate with the investigation. Petition is allowed. K. HEMA, JUDGE. [B.A.No.4974/08] 3 Krs.