IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2746 of 2009 CRIME NO.289 OF 2009 OF CHATHANNOOR POLICE STATION CRMP.1217/2009 of D.C. & SESSIONS COURT,KOLLAM PETITIONER/1ST ACCUSED. ------------------------------------------- VALSALA KUMARI, AGED 49 YEARS, W/O. RETNAKARAN, ASOK BHAVAN, KARAMCODE P.O., CHATHANNOOR, KOLLAM. BY ADV. SRI.SUNNY ZACHARIA RESPONDENTS: COMPLAINANTS. ---------------------------- 1. SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2746 OF 2009 ------------------------------------------------------ Dated this the 27th May, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.289 of 2009 of the Chathannoor Police Station. 2. The offence alleged against the petitioner is under Section 420 read with Section 34 of the Indian Penal Code. 3. Learned counsel for the petitioner submitted that the allegations made in the complaint would disclose only a loan transaction and the elements of cheating are absent. The case of the de facto complainant is that a sum of Rs.3.5 lakhs was borrowed from him and in spite of demand, the amount was not paid to him and thereby the accused persons have committed the offence. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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 B.A. NO. 2746 OF 2009 :: 2 :: police station shall release her on bail for a period of one month on her executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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/