IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 Bail Appl..No. 6136 of 2011 CRIME NO.283 OF 2011 OF PERINGOME POLICE STATION PETITIONER: ACCUSED MANIKANDAN,MARTHANDOM, KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.R.GOPAN RESPONDENT: COMPLAINANT STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM,(CRIME NO.283/2011 OF PERINGOME POLICE STATION,KANNUR DISTRICT). PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6136 of 2011 B ------------------------------------------------------ Dated this the 22nd day of August, 2011 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.283 of 2011 of Peringome Police Station, Kannur District. 2. The offence alleged against the petitioner is under Section 420 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant is running a rubber nursery at Kannur. The accused is conducting rubber nursery in large scale in Marthandam, Tamil Nadu. The accused used to supply rubber saplings and the de facto complainant used to pay the amounts. During the current year, a sum of Rupees Four lakhs was paid as advance to the accused for the rubber saplings to be supplied by him. However, no rubber saplings were supplied nor did he repay the amount. Bail Appl. NO.6136 of 2011 :: 2 :: 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. The learned counsel for the petitioner submitted that money is due to him from the de facto complainant and that the case put forward by the de facto complainant that he was cheated, is absolutely false. 6. When the Bail Application came up for admission on 9th August, 2011, the following order was passed: “6. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 16th and 17th August, 2011. 7. Post on 22nd August, 2011. 8. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.283 of 2011 of Peringome Police Station, till 25th August, 2011. Bail Appl. NO.6136 of 2011 :: 3 :: 9. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 7. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 9th August, 2011 has been complied with by the petitioner. 8. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 9th August, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. 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 `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: Bail Appl. NO.6136 of 2011 :: 4 :: 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/