IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 Bail Appl..No. 3660 of 2010() ----------------------------------------- CRIME NO.792/2010 OF KOTTAYAM WEST POLICE STATION. .................... PETITIONER/ACCUSED --------------------------------- K.P. SHAJI, PARANGOTTU HOUSE, VELLOOR KARA, KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT/COMPLAINANT -------------------------------------------- CIRCLE INSPECTOR OF POLICE, KOTTAYAM WEST, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/06/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.HEMA, J. ------------------ B.A. No. 3660 of 2010 ----------------------------- Dated this the 23rd day of June, 2010 O R D E R This petition is for anticipatory bail. 2. The alleged offence is under Section 420 of the Indian Penal Code. According to prosecution, petitioner was having an account in the Federal Bank. He had presented a cheque for Rs. 2,00,000/-(Rupees two lakhs only) drawn on the ICICI Bank by another person in favour of petitioner. There was no sufficient fund in the account of the drawer of the cheque, but petitioner withdrew Rs. 2,00,000/- from his account as against the amount covered by the cheque and thereby, committed cheating. 3. Learned counsel for petitioner submitted that petitioner presented a cheque for Rs. 2,00,000/- through his account in the Federal Bank. The cheque was issued to him by another person in his favour and it was drawn on such person's account in the ICICI bank. After a few days, he verified with the bank whether the amount was credited. On getting information that amount was credited to his account, he withdraw the amount from his account. The present complaint is that, actually there was no money in the account of the B.A. No. 3660 of 2010 2 drawer of the cheque but, due to some defect in the computer, the amount was shown as credited to petitioner's account. Petitioner has not committed any offence and even as per the allegations in the complaint, no offence will be made out, it is submitted. Petitioner is not responsible for any defect in the computer, he added. 5. Learned Public Prosecutor also conceded that there is an allegation that there was defect in the computer and the amount was credited to the petitioner's account by mistake. On hearing both sides, I am satisfied that petitioners can be granted anticipatory bail on the conditions. Hence, the following order is passed: 1. Petitioner shall surrender before the Magistrate Court concerned within seven days from today. 2. On such surrender, he shall be released on bail on his executing a bond for Rs. 10,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate, on the condition that petitioner shall report before the police as and when directed and co-operate with the investigation. This petition is allowed. K. HEMA, JUDGE ln