IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Bail Appl..No. 7591 of 2007() ----------------------------- CRIME NO. 267 OF 2007 OF KALIYAR POLICE STATION PETITIONER/ACCUSED ----------------------------------- FIROZKHAN @ FIROZ, S/O.K.M.SHAMSUDHEEN,AGED 29 YEARS KALARIKKAL HOUSE, NETTOOR P.O., MARADU, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REP. BY PUBLIC ;PROSECUTOR, HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM REP. BY CIRCLE INSPECTOR OF POLICE KALIYAR POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 7591 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2008 O R D E R Application for anticipatory bail. The petitioner faces allegations in a crime registered for the offence punishable under Section 418 I.P.C. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and forwarded to the police under Section 156(3) Cr.P.C. 2. The crux of the allegations is that the petitioner has committed the offence of cheating in respect of a vehicle transaction between the defacto complainant and the petitioner. The defacto complainant's vehicle was agreed to be sold to the petitioner and advance was paid. The vehicle was handed over to the petitioner. Subsequently the petitioner was allegedly cheated the defacto complainant. The learned counsel for the petitioner submits that there has been no attempt on the part of the petitioner to cheat the defacto complainant. The defacto complainant has to make the relevant documents available. B.A.No. 7591 of 2007 2 Thereupon he is willing to pay the balance amount to the defacto complainant, who is not making the clearance certificate available and is abusing the criminal adjudicatory process to vex and harass the petitioner. 3. The learned counsel for the petitioner prays, the learned Prosecutor does not oppose the said prayer and I am satisfied, in the facts and circumstances of this case, that anticipatory bail can be granted to the petitioner, subject to appropriate terms and conditions. 4. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioner shall surrender before the learned Magistrate on 9.1.2008 at 11 a.m. The learned Magistrate shall release the petitioner on regular bail on condition that he executes a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. B.A.No. 7591 of 2007 3 (b) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 10.1.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. (c) If the petitioner does not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 9.1.08 and the police shall be at liberty thereafter to arrest the petitioner and deal with him in accordance with law. (d) If the petitioner were arrested prior to his surrender on 9.1.2008 as directed in clause (1) above, he shall be released on bail on his executing a bond for Rs.25,000/- without any surety undertaking to appear before the learned Magistrate on 9.1.2008. (R. BASANT) Judge tm