IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 Bail Appl..No. 924 of 2008() ---------------------------- CRIME NO.116/08 OF KASARAGOD POLICE STATION : PETITIONER/ACCUSED ----------------------------------- P.RAMACHANDRAN, S/O.A.KUNHAMBU NAIR, ADUKKATHIL HOUSE, PERIYA VILLAGE, KASARAGOD. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.924 of 2008 ------------------------------------- Dated this the 18th day of February, 2008 ORDER Application for anticipatory bail. Petitioner faces allegations in a crime registered for offences punishable, inter alia, under Section 420 I.P.C. The crime has been registered on the basis of a private complaint filed by the defacto complainant before the Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The crux of the allegations against the petitioner is that the defacto complainant had advanced an amount of 61,500 Dirhams to the petitioner on the promise that the defacto complainant shall be admitted as a partner in the petitioner's business. The said promise was not carried out. Long later, a cheque was issued for the discharge of liability. The said cheque has been dishonoured. Legal action is initiated against the petitioner for recovery of the amount. It is also alleged now in the private complaint filed in 2007 that the offence of cheating has B.A.No.924 of 2008 2 also been committed by the petitioner. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be granted anticipatory bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 25.02.2008. He shall be enlarged on regular bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 26.02.2008 and 27.02.2008. During this period, the Investigating Officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer B.A.No.924 of 2008 3 between 10 a.m and 12 noon on all Mondays and Fridays for a period of one month and subsequently as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does 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 petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 25.02.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 25.02.08. (R.BASANT, JUDGE) rtr/-