IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3907 of 2009()
1. SANTHOSHKUMAR, AGED 39 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.SUNNY ZACHARIA
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :03/08/2009
O R D E R
K.T.SANKARAN, J.
----------------------------
B.A. No. 3907 of 2009
----------------------------------------
Dated this the 3rd day of August, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioner is the second
accused in Crime No.289 of 2009 of Chathannoor Police
Station.
2. The offence alleged against the petitioner is under
Section 420 read with Section 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submitted that the
allegations made in the complaint would disclose only a loan
transaction and the elements of cheating are absent. The case of
the de facto complainant is that a sum of Rs.3.5 lakhs was
borrowed from him and in spite of demand, the amount was not
paid to him and thereby the accused persons have committed the
offence.
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 direction that in the event of the arrest of the
petitioner, the officer in charge of the police station shall release
B.A. No. 3907/ 2009
Page numbers
her on bail for a period of one month on her 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 or
even before that period, 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
scm