IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 27TH DECEMBER 2011 / 6TH POUSHA 1933 Bail Appl..No. 10540 of 2011 ------------------------------ PETITIONER: ------------------- SIBI JACOB, S/O.JACOB, AGED 48, AZATHU HOUSE, POONJAR P.O., KOTTAYAM, NOW RESIDING AT THEKKEPPARAMBIL, VYTTILA P.O., ERNAKULAM. BY ADV. SRI.P.M.HABEEB RESPONDENT: --------------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, KADAVANTHARA POLICE STATION. THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.ABDUL SALAM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: STK N.K. BALAKRISHNAN,J. ------------------------------------ B.A.No. 10540 of 2011 ------------------------------------------ Dated this the 27th day of December, 2011 ORDER Learned counsel for the petitioner submits that a private complaint was filed by the complainant alleging that a sum of Rs.4,50,000/- which was borrowed by the accused was not repaid and that a cheque for Rs. 2,50,000/- was issued by the accused which according to the complainant is the subject matter of cheating. According to the learned counsel, the de facto complainant is the money lender. The dispute is only with regard to the interest. According to the accused, the principal amount had already been paid. The copy of the FIS was not produced. Because of the very same reason the learned Public Prosecutor is not in a position to ascertain the correctness of the same. Considering all the aspects, following directions are B.A.No. 10540 of 2011 -: 2 :- issued. If the crime has been registered against the petitioner alleging offence under Section 420 IPC with regard to the monetary transactions mentioned above and if the petitioner surrenders before the investigating officer within 10 days from the date of receipt of a copy of this order, he shall be produced before the learned Magistrate. The learned Magistrate will dispose of his bail application as expeditiously as possible, in accordance with law. N.K. BALAKRISHNAN, JUDGE. smvd