IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 3627 of 2009 CRIME NO.358 OF 2009 OF THE MUSUEM POLICE STATION,TRIVANDRUM PETITIONER: ACCUSED: ------------------------------ JAYACHANDRAN.K.S,AGED 3O YEARS, S/O.KRISHNAN,THIRUVATHIRA,ARATTUVILA,PANAVILA, PIRAPPANCODE.PO,THIRUVANANTHAPURAM. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM (THROUGH S.I.OF POLICE,MUSEUM P.S. TRIVANDRUM IN CRIME NO.358 OF 2009). PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3627 OF 2009 ------------------------------------------------------ Dated this the 6th July, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.358 of 2009 of the Musuem Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 379, 465, 468 and 471 of the Indian Penal Code. 3. The crime was registered on the basis of a petition filed by M/s.Akbar Travels Private Limited stating that cheque leaf No.586451 was lost and the petitioner presented the cheque through his account and tried to realise a sum of Rs.Three lakhs. 4. The petitioner worked in M/s.Akbar Travels Private Limited from January to September, 2006. He got appointment in the Forest Department where he joined on 25.9.2006. Later, on 19.2.2008, he got appointment in the Mining and Geology Department. The case of the petitioner is that in May 2009, he noticed that a sum of Rs.Three lakhs was credited in his account and in June 2009, another sum of Rs.Three B.A. NO. 3627 OF 2009 :: 2 :: lakhs was credited in his account. On 22.6.2009, the petitioner addressed a letter to the Manager of the Bank pointing out the credit of the aforesaid amounts and expressing his anguish over the same. He stated that he had not presented the cheques. Learned counsel for the petitioner also submitted that the petitioner received the letter dated 27.6.2009 from the Bank where it is stated as follows: “With reference to your letter dated 22/06/2009 we are furnishing below the informations required by you. CHQ NO.586451 DT 25/05/2009 RS.300000/- DRAWN BY M/S.AKBAR TRAVELS OF INDIA WITH AC NO.626205073215 OF ICICIC BANK LTD ABOVE CHQ WAS RETURNED BY ICICI BANK ON 12/06/09 WITH REASON PAYMENT STOPPED BY DRAWER. CHQ NO.586600 FOR RS.300000/- WAS CREDITED TO YOUR SAVINGS BANK ACCOUNT WITH US ON 27/05/2009 DETAILS OF WHICH ARE NOT AVAILABLE WITH US AS THE CHEQUE WAS PRESENTED FOR CLEARING WITH PAYING SLIP AND PAID.” 4. In the light of the aforesaid facts, I am of the view that the petitioner is entitled to get anticipatory bail. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 3627 OF 2009 :: 3 :: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/