IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6606 of 2011() ----------------------------- CMP.4552/2011 of J.M.F.C., ADOOR .................... PETITIONER ------------------------------ AMBAZHAKAN, AGED 34, S/O.PONNU SWAMI, R/AT FROM HOUSE NO.2/112, ATHIPPALAYAM VILLAGE, KAROOR DISTRICT, TAMIL NADU, NOW R/AT PERUMPARATHE THEKKETHIL, MUDIYOORKONNAM MURI, PANDALAM VILLAGE. BY ADV. SMT.T.S.MAYA (THIYADIL) SRI.P.Y.AHAMMED PHYSI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. [SUB INSPECTOR, PANDALAM POLICE STATION & CIRCLE INSPECTOR PANDALAM]. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6606 of 2011 --------------------------------------- Dated this the 19th day of August, 2011 ORDER This is an application for anticipatory bail filed under section 438 of Code of Criminal Procedure. The petitioner is the accused in Crime No.562/2011 of Pandalam Police Station registered for the offence punishable under Section 403,406 and 420 of Indian Penal Code. The above crime was registered on a complaint filed by one Mr.Kabeer before the Magistrate Court and it was forwarded to the police for investigation and report. 2. I heard counsel on both sides. 3. From the submissions made, it appears that there were series of transaction between the complainant and the accused. Such transactions primarily related to borrowal of money from the petitioner/accused, who hails from Tamil Nadu by the defacto complainant with terms for repayment providing excessive interest. Considering the totality of the facts and circumstance presented, I find arrest of the petitioner and his incarceration is not essential for a fair investigation of the crime. In the event of arrest of the petitioner in the aforesaid crime by the police ,the petitioner shall be released on bail on B.A.No.6606 of 2011 2 his executing a bond for a sum of Rs.5,000/- with direction to seek regular bail from the Magistrate Court concerned within a period of one month. The petitioner shall cooperate with the investigation of the crime. S.S.SATHEESACHANDRAN, JUDGE. rkc