IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 Bail Appl..No. 8177 of 2011() ----------------------------- AGAINST THE ORDER IN WPC.15969/2011 Dated 28/06/2011 CRMP.2950/2011 of DISTRICT COURT, PALAKKAD CRIME NO.238/2011 OF SREEKRISHNAPURAM POLICE STATION, PALAKKAD DT. .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- KUTTISANKARA GUPTAN S/O LATE APPU GUPTAN, AGED 65 YEARS, VALAPPILTHODI HOUSE, KADAMPAZHIPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, SREEKRISHNAPURAM POLICE STATION, (CRIME NO.238/2011),PALAKKAD DISTRICT, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY STATE PROSECUTOR SRI.T.ASAF ALI. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/11/2011, A/W. B.A.NO.8179/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- B.A. Nos.8177 & 8179 OF 2011 -------------------------------------------- Dated this the 28th day of November , 2011 ORDER Bail Application No.8179 of 2011 is filed by accused No.1 in Crime No.238 of 2011 of Sreekrishnapuram Police Station, Palakkad District. Bail Application No.8177 of 2011 is filed by accused No.2 therein. These bail applications are filed for anticipatory bail under Section 438 of the Criminal Procedure Code. 2. The offences alleged against the petitioners are under Sections 120B, 417, 420, 465, 468, 471 and 506 read with 34 of the Indian Penal Code. 3. The defacto complainant filed a complaint before the Magistrate's Court, which was forwarded to the police for investigation under Section 156(3) of the Code of Criminal Procedure and accordingly, the crime was registered. B.A.Nos. 8177 & 8179 OF 2011 2 4. The allegation is that the accused forged a promissory note and a cheque, and on the basis of the same, filed a suit as well as a complaint under Section 138 of the Negotiable Instruments Act. 5. The learned counsel for the petitioners submitted that on 14.6.2011, accused No.2 filed O.S.No.210 of 2011 before the Sub Court, Ottappalam against the defacto complainant and his wife for money on the basis of a promissory note executed by them. The counsel submitted that accused No.1 filed a complaint before the Court of the Chief Judicial Magistrate of Palakkad against the defacto complainant herein under Section 138 of the Negotiable Instruments Act since the cheque issued by him was dishonoured. It is submitted that the genuineness or otherwise of the cheque as well as the promissory note is a matter for consideration by the court concerned. According to the learned counsel, in the facts and circumstances, even the investigation of the crime cannot be proceeded with. B.A.Nos. 8177 & 8179 OF 2011 3 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for `10,000/-(Rupees Ten thousand only) each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. D) The petitioners shall cooperate with the investigating officer in the matter of investigation. E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. B.A.Nos. 8177 & 8179 OF 2011 4 The Bail Application is allowed to the extent indicated above. K.T.SANKARAN, JUDGE. cms