IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 Bail Appl..No. 4336 of 2009() ----------------------------- CRIME NO.1348/2009 OF KOTHAMANGALAM POLICE STATION PETITIONER/ACCUSED NO.1 ------------------------------------------- JAYARAJAN.K.P., S/O.RAJAGOPALAN NAIR, AGED 40 YEARS, A1-AMEEN QUARTERS, THOKKAMPARA, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, ERNAKULAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.4336 of 2009 --------------------------------------------- Dated this the 6th day of August, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.1348 of 2009 of Kothamangalam Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 406 read with Section 34 of the Indian Penal Code. 3. The defacto complainant submitted a petition before the Inspector General of Police, Ernakulam Range, which was forwarded to the Kothamangalam Police Station and accordingly, the crime was registered. The case put forward by the defacto complainant is the following: The first accused promised to supply the Chinese made beds at the rate of Rs.2,800/- and took advance from the defacto complainant. Rs.28,000/- was deposited in the account of the first accused. The first accused did not supply the goods. On demanding the supply of goods or BA No.4336/2009 2 return of money, the first accused stated that if the defacto complainant paid a further sum of Rs.10,000/-, a visa could be arranged for him to go abroad. Believing the words of the first accused and his wife (second accused), the defacto complainant paid a further sum of Rs.10,000/-. The amount was not repaid nor the visa arranged. 4. The case of the petitioner is different. According to him, he is the distributor of induction cookers. The defacto complainant was an agent of the petitioner/first accused in the matter of sale of induction cookers. The first accused/petitioner relies on Annexure B photograph taken allegedly on the occasion of the inauguration of the shop of the defacto complainant. It is stated that the petitioner is also seen in the photograph. Induction cookers are also displayed in the shop, as seen from the photograph. The case of the petitioner is that money is due from the defacto complainant on account of the supply of induction cookers. 5. Now there are two irreconcilable and contradictory cases put forward by the two parties. The claim is in respect of money. Both parties claim money from the other. To suit their BA No.4336/2009 3 cases, they have put forward their own stories. 6. 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. 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.25,000/- 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; 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 csl