IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 Bail Appl..No. 2133 of 2008() ----------------------------- CRIME NO.172/08 OF MALAPPURAM POLICE STATION PETITINERS/ACCUSED: ----------------- 1. JAYAPRAKASAN,S/O.SEKHARAN, "KRISHNA RACHANA",THEKKEDATH PARAMBU,THIRUTHIYAD, KOZHIKODE. 2. C.V.BALARAM,S/O.VENKITACHALAM, AMBADI KOVILAKAM,THALI,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.2133 of 2008 ---------------------------------------- Dated this the 7th day of April 2008 O R D E R Application for anticipatory bail. The petitioners are accused 1 and 2. They face allegations of having committed offences punishable inter alia under Sections 406, 420 and 468 I.P.C. The crux of the allegations against the petitioners is that they had misutilised fraudulently two cheque leaves handed over as blank signed cheques by the de facto complainant. They had initiated a prosecution under Section 138 of the Negotiable Instruments Act. As a counter blast, a private complaint has been filed by the de facto complainant before the learned Magistrate and that complaint was referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners prays that the petitioners who are absolutely innocent may now be granted anticipatory bail. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of this case to which I have already made brief reference that the petitioners can be granted anticipatory bail. In coming to this conclusion, I take note of the submission that the prosecution B.A.No.2133/08 2 under Section 138 of the Negotiable Instruments Act was initiated long earlier and as a counter blast this complaint has been field alleging commission of offences in respect of the same cheques. 3. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioners. i) Petitioners shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 15/04/2008. They shall be released on regular bail on condition that they execute bonds for Rs.25,000/-(Rupees twenty five thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) The petitioners shall make themselves available for interrogation before the investigating officer between 10 a.m and 3 p.m on 16/04/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioners in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioners shall so appear as and when directed by the investigating officer in writing to do so. B.A.No.2133/08 3 (iii) If the petitioners do not appear before the learned Magistrate as directed in clause (i), directions issued above shall thereafter stand revoked and the police shall be at liberty to arrest the petitioners and deal with them in accordance with law, as if these directions were not issued at all. (iv) If they were arrested prior to 15/04/2008, they shall be released from custody on their executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 15/04/2008. (R.BASANT, JUDGE) jsr B.A.No.2133/08 4 B.A.No.2133/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007