IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 Bail Appl..No. 3412 of 2008() ----------------------------- CRIME 138/08 OF OTTAPPALAM POLICE STATION : PETITIONER --------------------------- SUNIL, S/O.BHASKARAN, AGED 30 YEARS, SUNIL NIVAS, MARATHPARAMBU, OLAVAKKODE, INDUSTRIAL ESTATE P.O., PALAKKAD. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB INSPECTOR OF POLICE, OTTAPPALAM POLICE STATION. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3412 of 2008 ----------------------------------------- Dated this the 29th day of May, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 406, 465, 468, 120 (B) read with Section 34 IPC. According to learned counsel for petitioner, the petitioner filed a complaint against defacto complainant alleging offences under Section 138 of the Negotiable Instruments Act and the complaint was taken on file as S.T.No.1165 of 2008. Thereafter, the defacto complainant, with a view to wriggle out of the liability, has filed a private complaint alleging various offences against the petitioner. The case is filed only as a defence, but not even a reply was sent making any such allegations. Hence, it is submitted that it is a belated attempt to put forward a frivolous defence. So, in case the petitioner is not granted anticipatory bail, he will put to irreparable injury. 3. On hearing both sides, I find that a direction can be given as follows: In the vent of arrest of the petitioner, the petitioner shall be released on bail on executing a bond for Rs.25,000/- with two BA.3412/08 2 solvent sureties each for the like sum to the satisfaction of the arresting officer on condition that he will co-operate with the investigation. This petition is allowed. K.HEMA, JUDGE vgs.