IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 Bail Appl..No. 3423 of 2008() ----------------------------- CRIME NO.421/08 OF THALIPPARAMBA POLICE STATION PETITIONER --------------------------- SATYAPALAN KRISHNAN, S/O. M.K. KRISHNAN, AGED 54 YEARS, RESIDING AT KRISHNA , P.O. AZHIKODE, KANNUR. BY ADV. SRI.R.PARTHASARATHY RESPONDENTS: -------------------- S.H.O., TALIPARAMBA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON 28/05/2008 PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3423 of 2008 ----------------------------------------- Dated this the 28th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. Prosecution case is that petitioner and defacto complainant jointly started plywood company by investing huge amounts. There was some difference of opinion between them later, and on mediation, petitioner agreed to give Rs. 1 crore to defacto complainant. There were other terms also in the agreement regarding payment. But the petitioner was not able to the pay the same and hence a complaint is filed alleging cheating. 3. Learned counsel for petitioner submitted that this is a case of civil liability and no criminal offence is involved. The partnership is still in existence and it is not dissolved. Hence he may be granted anticipatory bail. 4. This petition is opposed on the ground that discretionary jurisdiction under Section 438 Cr.P.C may not be invoked in cases of this nature. 5. Learned counsel for petitioner submitted that if the petitioner is arrested, police will force him to act in accordance BA.3423/08 2 with the terms of agreement and he will be put to hardship and irreparable injuries. In the above circumstances, I find that the following direction can be given: i) Petitioner shall surrender before the investigating officer on 2.6.2008, and he shall make herself available for interrogation. He shall produce him before the Magistrate Court in accordance with law. ii) The court below thereupon will consider the application for bail, if any, filed by the petitioner and dispose of the same in accordance with law as expeditiously as possible. The petition is disposed of accordingly. K.HEMA, JUDGE vgs.