IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 Bail Appl..No. 37 of 2009() --------------------------------- CRIME NO.873/2008 OF THALASSERY POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3 : --------------------------------------- 1. P.K. NIYAS, S/O. ABEE, PULLAYIL THAZHE, VAZHAYIL HOUSE, P.O. TEMPLE GATE, BAITHUL NEJIRA, NETHAJI ROAD, CHIRAKKARA, THALASSERY. 2. K.V. MOIDU, S/O. HASSAN, AGED 50 YEARS, DHARULMINAR, P.IO. CHETTAMCOON, THALASSERY. 3. P.K. FAISAL, S/O. MOIDEN, AGED 30 YEARS, PULLAYIL THAZHE, VAZHAYIL HOUSE, P.O. TEMPLE GATE, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN SRI.M.X.ANTONY LIJO RESPONDENT/COMPLAINANT : ------------------------------------ THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. --------------------------- B.A. No.37 OF 2009 --------------------------- Dated this the 23rd day of January, 2009 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 of I.P.C. According to prosecution, first petitioner bid a chitty conducted by defacto complainant and offered petitioner nos. 2 and 3 as sureties. Second petitioner produced a cheque signed by him as a security for the amount but the said cheque belonged to the account maintained by third accused and thereby all of them in furtherance of common intention committed the offence of cheating etc. 3. Learned counsel for petitioners submitted that property was also offered as a security and the defacto complainant can proceed against petitioner and petitioner may be granted anticipatory bail. 4. This petition is opposed. Learned Public Prosecutor submitted that this is a clear case of cheating and also forgery. Second accused signed and issued a cheque, which belongs to third accused from his account. The nature of the offence B.A.No.37 of 2009 2 committed is serious and anticipatory bail may not be granted, it is submitted. On hearing both sides, considering the serious nature of the allegations made, I am satisfied that it may not be proper to grant anticipatory bail. The crime is registered as early as on 10.12.2008 and petitioners are required for investigation. Hence, petitioners are directed to surrender before the Investigating Officer or the court concerned without any delay and co-operate with the investigation. Whether they surrender or not, police is at liberty to arrest them and proceed in accordance with law. The petition is dismissed. K.HEMA, JUDGE pac