IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 Bail Appl..No. 6482 of 2011() ----------------------------- IN CRIME NO.314/2011 OF MANARCADU POLICE STATION, KOTTAYAM DISTRICT CRMP.2512/2011 of DISTRICT COURT, KOTTAYAM .................... PETITIONER/ACCUSED -------------------------------------- C.S.RAGHU, THAVALAKUZHI, ETTUMANOOR, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, MANARCADU POLICE STATION, KOTTAYAM DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------------------- B.A.No.6482 of 2011 --------------------------------------- Dated this the 19th day of August, 2011 ORDER This is a petition for anticipatory bail filed under Section 438 of Code of Criminal Procedure. Petitioner is the accused in Crime No.314/20111 of Manarcadu Police Station registered for the offence under Sections 420 and 406 of Indian Penal Code. Petitioner conducted a chitty business. On account of financial difficulties he closed down such business and one among the chitty subscribers, for nonpayment of the chitty amount, had filed a complaint before the police raising false allegations is the submission of the learned counsel for the petitioner. It is further submitted that the dispute involved is only of a civil nature and no criminal offence is involved. 2. The learned Public Prosecutor submitted that investigation over the crime is pending and at this stage it is not possible to conclude that no criminal offence is made out in the case. Considering the submissions made by the learned counsel for the petitioner and also the Public Prosecutor with reference to the facts and circumstance of the case I find arrest and custodial interrogation of the petitioner is not essential for fair B.A.No.6482 of 2011 2 investigation of the crime. Petitioner shall report before the investigation officer at a time between 10 a.m. and 12.p.m on 24th or 25th of this month, to facilitate his interrogation and smooth conduction of the investigation of the crime. In the event of his arrest being required, the police officer concerned shall cause his production before the Magistrate concerned on the same day itself and learned Magistrate on such production shall consider his application for bail, preferably on the date of his presentation or next day itself. Subject to the above direction the petition is disposed. S.S.SATHEESACHANDRAN, JUDGE. rkc