IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Bail Appl..No. 2949 of 2009() ----------------------------- CRIME NO.194/2009 OF ERAVIPURAM POLICE STATION PETITIONER (S): 1ST ACCUSED ---------------------------------------------- NEELAMBARAN, S/O.RAGHAVAN PREETHA NIVAS, VADAKKEVILA P.O., VADAKKEVILA VILLAGE, KOLLAM. BY ADV. SRI.B.CHANDRA LAL RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, ERAVIPURAM POLICE STATION,THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ B.A.No.2949 of 2009 ----------------------------------- Dated this the 5th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.194 of 2009 of Eravipuram Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 468 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. The forgery alleged relates to a cheque. The second accused is the wife of the defacto complainant. For the last several years, the first accused is residing with the second accused. The complaint would disclose that between the defacto complainant and the second accused several cases were pending before the Family Court. Those cases were settled. The case of the defacto complainant is that thereafter a cheque was forged and using the same a civil suit was filed and other proceedings were also initiated. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioner. There will be a BA No.2949/2009 2 direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail for a period of one month on his executing bond for Rs.50,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) On the expiry of the period mentioned above, the petitioner shall surrender before the Magistrate concerned and seek regular bail; f) 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 csl