IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 Bail Appl..No. 6108 of 2008() ----------------------------- CRIME NO.310/2008 OF PEROORKADA POLICE STATION .................... PETITIONER (S): ACCUSED --------------------------- MALLINATH.A.T., AGED 49 YEARS, S/O. APPUKUTTAN THAMPI, NALINA HOUSE, IPAYIVILA VEEDUR, T.K.D ROAD, MUTTADA, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED VIA PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.6108 of 2008 ------------------------------------------------- Dated this the 7th day of October, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 IPC. According to prosecution, petitioner who is the account holder in the Bank, allegedly cheated the Bank officials by encashing amount by presenting a cheque issued in his name and without waiting for the cheque to be honoured by the other Bank. 3. Learned counsel for the petitioner submitted that the petitioner is absolutely innocent of the allegations made. He submitted that as per records, the cheque was presented on 19.7.2008 and the cheque was sent for clearance to the other Bank and it was encashed also on 22.7.2008 and the money was paid only thereafter and this will be revealed from the prosecution records themselves. So, no offence is committed, it is submitted. The allegations now put forward are accepted, it can only amount to a dereliction of duty from the side of the Bank officials in handing over the money even before the cheque BA No.6108/08 2 was honoured by the other bank. 4. Learned public prosecutor submitted that as per the allegations, petitioner got the amount encashed even before the cheque was honoured by the other Bank. But, the cheque was dishonoured by the Bank and in the meantime, the payment was effected to the petitioner from the defacto complainant's Bank. Since the cheque was dishonoured, the complaint was lodged. It is also submitted that the petitioner may be directed to surrender before the Investigating Officer and co-operate with the investigation and subject to that, he has no objection in granting anticipatory bail to the petitioner on conditions. Hence, the following order is passed: Petitioner shall surrender before the Investigating Officer within 15 days from today and in case of his arrest, he shall be released on bail on his executing bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: (i) He shall make himself available for interrogation as and when directed by the BA No.6108/08 3 Investigating Officer. (ii) He shall co-operate with the investigation. (iii) He shall not influence or intimidate any witness or tamper with evidence or commit any offence. The petition is allowed. K.HEMA, JUDGE csl