High Court Kerala High Court

Bineesh vs Sate Of Kerala Represented By on 20 July, 2007

Kerala High Court
Bineesh vs Sate Of Kerala Represented By on 20 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4391 of 2007()


1. BINEESH, AGED 36 YEARS,
                      ...  Petitioner

                        Vs



1. SATE OF KERALA REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.RAJIT

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :20/07/2007

 O R D E R
                                    R.BASANT, J

                          ------------------------------------

                               B.A.No.4391 of 2007

                          -------------------------------------

                      Dated this the 20th day of July, 2007


                                        ORDER

Application for anticipatory bail. The petitioner is the 2nd

accused in a crime. According to the defacto complainant, the

petitioner runs a chit claiming the same to be a registered chit. There

is no required registration for the chitty at all, he now realises. The

defacto complainant has been induced to subscribe to a chit on the

basis of false representations made. He had remitted Rs.7,000/-

(Rupees Seven thousand only). The amount has not been returned.

The chit is not being run now. In these circumstances, he came to the

police to complain of the fraud practised on him by the accused

persons including the petitioner. Crime has been registered under

Section 420 I.P.C. Investigation is in progress.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. It is true that there has been an

obstruction in the running of the chitty because of certain unforeseen

circumstances. The petitioner was involved in a murder case and

consequently he has not been able to run the chit as expected. A

Receiver has been appointed for the chitty company also. The

petitioner is being harassed unnecessarily with such prosecution. The

petitioner apprehends that the police, on account of objectionable

B.A.No.4391 of 2007 2

political motives, may vex and harass him by unnecessarily arresting

him. In these circumstances, it is prayed that directions under

Section 438 Cr.P.C may be issued.

3. The learned Public Prosecutor opposes the application.

All the elements of the offence of cheating are clearly made out, it is

submitted. The learned Public Prosecuto,r in these circumstances,

submits that this is not a fit case where direction under Section 438

Cr.P.C can or ought to be issued in favour of the petitioner. The

petitioner must resort to the ordinary and normal procedure of

appearing before the Investigating Officer or the learned Magistrate.

He must then seek regular bail, it is submitted.

4. Having considered all the relevant inputs, I am satisfied,

that appropriate directions can be issued to ensure that the petitioner

appears before the learned Magistrate and is given an opportunity to

seek regular bail.

5. In the result, this application for anticipatory bail is

allowed in part. The following directions are issued under Section

438 Cr.P.C.

i) The petitioner shall appear before the learned Magistrate

at 11 a.m on 27.07.07. He can apply for bail. Notice can be given to

the prosecutor even prior to such surrender. The learned Magistrate

shall consider the application for bail of the petitioner and application

B.A.No.4391 of 2007 3

for custody, if any, of the investigator and pass appropriate orders on

such applications on the date of surrender itself, unless there are

compelling reasons. The petitioner shall abide by such orders of the

learned Magistrate;

ii) If the petitioner does not appear before the learned

Magistrate as directed in clause (i), directions issued above shall

thereafter stand revoked and the police shall be at liberty to arrest

the petitioner and deal with him in accordance with law as if those

directions were not issued at all;

iii) If the petitioner were arrested prior to his surrender on

27.07.07 as directed in clause (1) above, he shall be released from

custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five

thousand only) without any sureties undertaking to appear before the

learned Magistrate on 27.07.07.

(R.BASANT, JUDGE)

rtr/-