IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2742 of 2008() ----------------------------- CRIME NO.125/08 OF VANDANMEDU POLICE STATION ............ PETITIONER/ACCUSED ----------------------------------- 1. T.SERAN SENGUTTUVAN, AGED 52 YEARS, S/O.THANGIAGH NADAR, 9/45, SOUTH STREET, THEVARAM, UTHAMA PALAYAM TALUK, THENI DISTRICT - 625 530. 2. MRS.VASANTHA, W/O.T.SERAN SENGUTTUVAN, 9/45, SOUTH STREET, THEVARAM, UTHAMA PALAYAM TALUK, THENI DISTRICT - 625 530. BY ADV. SRI.S.RADHAKRISHNAN RESPONDENTS: ------------- 1. THE SUB INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, IDUKKI DISTRICT. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2742 of 2008 ------------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for anticipatory bail. The petitioners are the husband and wife. They face allegations in a crime registered under Sec.420 of the IPC. The crime has been registered on the basis of a private complaint filed before the learned Magistrate and referred by the learned Magistrate to the police under Sec.156(3) of the Cr.P.C. Investigation is in progress. 2. The learned counsel for the petitioners submits that the allegations are totally incorrect and false. It is only a case of alleged non-payment of amounts for the discharge of which a cheque has already been issued asper the specific averment in para-3. The 2nd accused is the wife of the 1st accused/husband and she has been brought on the array of B.A. No. 2742 of 2008 -: 2 :- accused without any justification. In these circumstances, it is prayed that the petitioners may be granted anticipatory bail. 3. The learned Public Prosecutor opposes the application. Notwithstanding the opposition, I am satisfied, in the facts and circumstances of this case, that the petitioners can be granted anticipatory bail. Appropriate conditions can, of course, be imposed. 4. In the result, this petition is allowed. Following directions are issued under Sec.438 of the Cr.P.C: (i) The petitioners shall appear before the learned Magistrate having jurisdiction at 11 a.m. on 9/5/08. They shall be released on regular bail on their executing bonds for Rs.50,000/- 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 10/5/08 and 11/5/08 and thereafter as and when directed by the Investigating Officer in writing to do so. (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 B.A. No. 2742 of 2008 -: 3 :- as if these directions were not issued at all. (iv) If the petitioners were arrested prior to their surrender on 9/5/08 as directed in clause (i) above, they shall be released on their executing bonds for Rs.50,000/- each without any sureties undertaking to appear before the learned Magistrate on 9/5/08. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge