IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 5401 of 2009() ----------------------------- CRIME NO.660/2009 OF FORT POLICE STATION, THIRUVANANTHAPURAM PETITIONER (S): ACCUSED NO.1: --------------------------------- P.KRISHNANKUTTY, S/O.K.PONNAN, AGED 49 YEARS, CHIRATHALAVILA VEEDU, SIVANKOVIL ROAD, BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.T.K.BIJU RESPONDENT(S): STATE AND COMPLAINANT: ----------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA COCHIN-31. 2. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5401 of 2009 --------------------------------------------- Dated this the 28th day of January, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.660 of 2009 of Fort Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 420, 468, 471 and 473 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The petitioner was awarded a contract for concreting the depot yard of KSRTC, Neyyattinkara. For executing the contract, the petitioner availed an overdraft facility from the Syndicate Bank. On getting payments from the KSRTC, the amount had to go to the overdraft account. The first instalment of Rs.5 lakhs was paid to the Syndicate Bank directly by the KSRTC. Later, the petitioner produced a closure certificate of the account of Syndicate Bank and thereby got release of subsequent payment from the KSRTC. The allegation is that to make wrongful gain to BA No.5401/2009 2 the petitioner and to cause wrongful loss to the Syndicate Bank, the petitioner produced a forged closure certificate as if it was a genuine document issued by the Syndicate Bank. 4. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. I am also of the view that the petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure, in the facts and circumstances of the case. The Bail Application is accordingly dismissed. In the Bail Application, the petitioner has stated that he is a heart patient and that he suffers from viral hepatitis. It is stated that he is undergoing regular treatment. The investigating agency will take note of this aspect of the matter at the time of arrest, if any. K.T.SANKARAN, JUDGE csl