IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Bail Appl..No. 6558 of 2008() ----------------------------- CRIME NUMBER UNKNOWN OF MARARIKULAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- PRAKASH, PUTHUSSERIL VEETTIL, EREZHA VADAKKU, CHETTIKULANGARA VILLAGE, MAVELIKARA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, MARARIKULAM POLICE STATION. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTORN SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6558 of 2008 ----------------------------------------- Dated this the 29th October, 2008 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 purchased granite from de facto complainant and an amount of Rs.3,44,292/- was due to de facto complainant. He promised to give the money on the same day and also gave a cheque. But, it is understood that there is no amount in the account. Thereby, petitioner cheated the de facto complainant. 3. Learned counsel for petitioner submitted that there was some business transactions between petitioner and de facto complainant for a very long time. Petitioner used to give cheque as security for purchase of granite and the cheque was not even presented to the Bank. There was some misunderstanding in the course of business transactions, but petitioner has not committed any offence. On hearing both sides, I find that the following order can be passed. BA.6558/08 2 Petitioner shall surrender before the investigating officer within seven days from today and co-operate with the investigation and make himself available for interrogation and in the event of his arrest, he shall be released on bail on his executing a bond for Rs.25,000/- with two solvent sureties each for the like sum to the satisfaction of the arresting officer, on the following conditions: i) Petitioner shall report before the investigating officer as and when directed and co-operate with the investigation. ii) Petitioner shall not commit any offence while on bail. Petition is allowed. K.HEMA, JUDGE vgs.