IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 13TH MAY 2011 / 23RD VAISAKHA 1933 Bail Appl..No. 3515 of 2011() ---------------------------------------- CRIME NO.42/2011 OF PAYYANUR POLICE STATION, KANNUR DISTRICT. ................. PETITIONER/ACCUSED NO.1 ------------------------------------------- BABU PARAMBATH, AGED 35 YEARS, S/O.KUNHAMBU, R/AT PARAMBATH HOUSE, ANNUR(P.O), PAYYANUR AMSOM DESOM, KANNUR DISTRICT. BY ADV. SRI.K.P.HARISH, SMT.M.SHAZIA SULTHANA. RESPONDENT/STATE AND COMPLAINANT ------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.42 OF 2011 OF PAYYANUR POLICE STATION), KANNUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR SMT.MEERA K. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs N.K. BALAKRISHNAN, J. = = = = = = = = = = = = = = B.A. NO. 3515 OF 2011 = = = = = = = = = = = = = = = Dated this the 13th day of May, 2011 O R D E R Petitioner is the accused in Crime No. 42 of 2011 of Payyanur Police Station, Kannur District. It was registered under Sections 420 r/w S. 34 IPC. This application is for pre-arrest bail. 2. I have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and also gone through the available records. It is alleged that a sum of Rs.11,50,000/-was borrowed from the defacto complainant and issued a cheque knowing that it will be bounced due to insufficiency of funds thereby committed cheating. 3. Considering all these aspects I am not inclined to grant anticipatory bail at this stage but the following directions can be issued. The petitioner will appear before the investigating officer on 23.5.2011. The investigating officer after interrogation will produce the accused before the Magistrate. The learned B.A. NO. 3515 OF 2011 -:2:- Magistrate, considering the bail application filed by the petitioner will pas appropriate orders. However, the petitioner shall be released only on the following further conditions: i. The accused shall make himself available for interrogation by the investigating officer and that he should appear before the investigating officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders. ii. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate. iii. The accused will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. iv. The accused and the sureties shall not leave the jurisdiction of the Kannur District without the prior permission of the learned Magistrate. v. The learned Magistrate will also ensure the identity of the accused and the sureties by insisting production of electoral photo identity cards/Driving licence etc. B.A. NO. 3515 OF 2011 -:3:- vi. Petitioner will furnish the correct residential address and should also make available land phone number/mobile number or contact number. The petitioners shall not shift the residence without intimating the Investigating Officer and the learned Magistrate. Sd/- N.K. BALAKRISHNAN,JUDGE. ul/- [ true copy ] P.A. to Judge.