IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 Bail Appl..No. 5998 of 2008() ----------------------------- CRIME NO.321/2008 OF FEROKE POLICE STATION PETITIONER (S): ACCUSED; ---------------------------- A.C.RUPESH, S/O.A.C.CHANDRAN, AGED 26, ALENGAL CHEMBEETTIL HOUSE, POST FEROKE COLLEGE, KOZHIKODE 673 632. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT AND STATE; ------------------------------------- 1. SUB INSPECTOR OF POLICE, FEROKE POLICE STATION, FEROKE, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 5998 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October,2008 O R D E R Petition for anticipatory bail. 2. The alleged offence is under section 420 IPC. According to prosecution, rupees two lakhs were borrowed by petitioner from defacto-complainant and with a view to cheat him, a cheque was issued by him by faking his own signature. The cheque was hence dishonoured stating that “signature differs” etc. 3. Learned counsel for petitioner submitted that petitioner had lost a cheque book on 26-3-2008 and the bank was informed about the same on the very next day and a memo was given for stopping payment. The cheque was, thereafter, forged by defacto- complainant and presented before the bank. Petitioner is innocent of the allegations made, it is submitted. The allegation is that petitioner issued a post-dated cheque and hence, offence under section 420 IPC will not be attracted. Learned counsel for petitioner also submitted that the crime was registered on the basis of a private complaint. 4. Petition is opposed. Learned Public Prosecutor submitted that the nature of the allegations made against petitioner is serious. He has allegedly forged his own signature for cheating defacto-complainant. BA5998 /08 -2- 5. On hearing both sides, I find that this is not a fit case to grant anticipatory bail. Learned Public Prosecutor also submitted that the crime was registered as early as in 29-7-2008 and petitioner is not available for interrogation. Hence, petitioner is directed to surrender before the Magistrate court concerned or before the Investigating Officer within seven days from today and co-operate with the investigation. With this direction, this petition is dismissed. K.HEMA, JUDGE. mn.