IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH DECEMBER 2009 / 25TH AGRAHAYANA 1931 Bail Appl..No. 7390 of 2009 CRIME NO.315 OF 2009 OF KOZHINJAMPARA POLICE STATION, PALAKKAD PETITIONERS: ACCUSED: ------------------------------- 1. ABDUL JALEEL.K,S/O.KUNHALI, AGED 29 YEARS,KANYANA HOUSE,P.O.PERDALA, BADIADKA VILLAGE,KASARAGOD DISTRICT. 2. MUHAMMED HARRISS.K,S/O.KUNHALI, AGED 27 YEARS,KANYANA HOUSE,P.O.PERDALA, BADIADKA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.K.SHIBILI NAHA RESPONDENT: COMPLAINANT: --------------- S.I.OF POLICE,KOZHINJAMPARA, PALAKKAD DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7390 OF 2009 ------------------------------------------------------ Dated this the 16th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 35 in Crime No.315 of 2009 of Kozhinjampara Police Station. 2. The offences alleged against the petitioners are under Sections 465, 468, 471, 420 and 120B read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The petitioners are engaged in the business of chicken. They used to bring chicken from Tamil Nadu in lorry loads. Advance tax has to be paid for the same. The petitioners produced pay orders under the pretext of paying advance tax. Later, it was revealed that those documents were not pay orders, but cheques. On presentation of the cheques, they were dishonoured. 4. It is submitted by the learned counsel for the petitioners B.A. NO. 7390 OF 2009 :: 2 :: that the petitioners entrusted the amount for payment of advance tax to one George and Baby Joy who were regularly involved in the bank transactions. It is stated that they used to get demand drafts on behalf of the customers without any Bank's commission for the same. According to the petitioners, they have paid the amount to George and Baby Joy. Later, notices were issued to the petitioners for payment of the amount covered by the cheques as well as penalty. The learned counsel for the petitioners submitted that the petitioners have paid the tax, interest and settlement charges and have also paid under protest the penalty. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the fact that the petitioners have paid the advance tax, I am of the view that anticipatory bail can be granted to the petitioners. 6. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: B.A. NO. 7390 OF 2009 :: 3 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; e) 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/