IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 Bail Appl..No. 4616 of 2008() ----------------------------- CRIME NO. 62/2008 OF NEDUMKANDAM POLICE STATION PETITIONER/ ACCUSED:- ---------------------------------------- NIZAR @ PONNU, S/O.HASSAN, UKKINIVETTIL HOUSE, EDAVETTY BHAVOM, THODUPUZHA. BY ADV. SRI. S.RAJEEV RESPONDENT: COMPLAINANT:- ------------- STATE OF KERALA REPRESENTED BY PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.257/2007 OF NEDUMKANDOM POLICE STATION BY PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/08/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 4616 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2008 O R D E R Application for anticipatory bail. 2. The alleged offences are under sections 467, 468, 471, 381 IPC. According to the prosecution, petitioner committed theft of a cheque from the defacto-complainant's office, forged it and claimed an amount of Rs.3.5 lakhs from the defacto- complainant on the strength of the said cheque. A complaint was filed before the Magistrate, which was forwarded to the police for investigation and the crime was registered, accordingly. 3. Learned counsel for petitioner submitted that defacto- complainant and petitioner were business partners. They were doing on line business in mobile changing. There was some dispute between them, since petitioner obtained a licence in his name personally and started business independently. This was not to the liking of defacto-complainant and hence he lodged a complaint before the police stating that his computer was stolen by petitioner and a crime was registered, accordingly. Petitioner BA 4616/08 -2- was released on bail in that case and hence the present complaint is filed stating that the cheque is stolen. 4. According to petitioner, the cheque was issued to the petitioner for the discharge of the dues, when defacto- complainant and petitioner settled the disputes in business. On presentation of the cheque, it bounced and therefore, petitioner issued a lawyer's notice on 12-2-2008 and thereafter, the present complaint is filed. The petitioner is prepared to co-operate with the investigation. There is nothing to be recovered, since the cheque was already produced before the Magistrate Court in S.T.No.242/2008, which was taken on file on the basis of a complaint filed by the petitioner against the defacto-complainant, it is submitted. 5. The application is opposed. On hearing both sides, I find that petitioner can be granted anticipatory bail with a direction to appear before the Investigating Officer for interrogation. 5. Hence, the following order is passed:- (1) Petitioner shall surrender before the Investigating Officer within seven days from today and make himself available for interrogation. (2) Thereafter, in the event of his arrest, if any, he BA 4616/08 -3- shall be produced before the Magistrate court concerned on the same day in accordance with law. (3) On production of the petitioner before the learned Magistrate, and if any bail application is filed, the petitioner shall be released on bail on his executing a bond for Rs. 25,000/- with two solvent sureties each for the like amount to the satisfaction of the learned Magistrate on condition that he shall report before the Investigation Officer as and when directed and co-operate with the investigation. The application is allowed as above. K. HEMA, JUDGE. mn.