IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 Bail Appl..No. 4854 of 2008() ----------------------------- CRIME NO.423/06 OF TALIPARAMBA POLICE STATION PETITIONER/ IST ACCUSED ------------------------------------------- CHULLIYODAN, PATTUVAM VALAPPIL SALEEM, S/O.ALI AGED 42 YEARS, S.M.VILLA, KARIMBAM.P.O, THALIPARAMBA TALUK. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THALIPARAMBA POLICE STATION. (THROUGH PUBLIC PROSECUTOR OF THE HIGH COURT KERALA) PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 4854 of 2008 ----------------------------------------- Dated this the 26th September, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 490, 464, 465, 467 and 468 read with 149 of Indian Penal Code. According to prosecution, the petitioner availed of a loan from the fifth accused on the basis of a hire purchase agreement in the name of the de facto complainant showing his property as security by forging documents. The de facto complainant came to know about this only when award in an arbitration proceedings was sought to be executed against him. Therefore, he lodged a complaint. 3. Learned counsel for petitioner submitted that the petitioner is apprehending arrest in connection with the crime and hence this petition. The de facto complainant had availed of a loan and defaulted payment of instalments and hence, the matter was taken up in arbitration. It is submitted that arbitration award was passed against de facto complainant as early as on 4.11.2000. But he filed an appeal in the year 2005, when it was sought to be executed. During the pendency of appeal, a question arose at the time of hearing, why no complaint was lodged, in spite of serious allegation is made and hence the present complaint was filed by the de facto BA.4854/08 2 complainant in June, 2006 at a highly belated stage. This complaint is filed only to shield him from the execution proceedings and the petitioner is absolutely innocent of the allegations made, it is submitted. 4. Learned Public Prosecutor submitted that as per the allegations, forgery is committed and the award was an ex parte award. But, it is conceded that the private complaint was filed only in June, 2006. On hearing both sides, I am satisfied that anticipatory bail can be granted to the petitioner and hence, the following order is passed: Petitioner shall surrender before the Magistrate Court concerned within seven days from today and if any bail application is filed, 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 learned Magistrate, on the following conditions: i) Petitioner shall co-operate with the investigation. ii) Petitioner shall make himself available for interrogation as and when directed by the police. Petition is allowed. K.HEMA, JUDGE vgs.