High Court Kerala High Court

T.P.Abdul Nazar vs State Of Kerala on 20 January, 2009

Kerala High Court
T.P.Abdul Nazar vs State Of Kerala on 20 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 224 of 2009()


1. T.P.ABDUL NAZAR,S/O.T.P.MAHIN,THEKKIL
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.M.RAMESH CHANDER

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :20/01/2009

 O R D E R
                              K.HEMA, J.

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

                        B.A.No. 224 of 2009

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

              Dated this the 20th January, 2009

                            O R D E R

This petition is for anticipatory bail.

2. The alleged offences are under Sections 406 and 420

of the Indian Penal Code. According to prosecution, petitioner

entrusted Rs.5.24 lakhs with de facto complainant on the

understanding that interest will be paid and the profit in the

business will also be given to him. But the amount was not

returned and no profit was also given.

3. Learned counsel for petitioner submitted that as per the

allegations, the transaction took place in the year 1999-2000

and the complaint is filed at a belated stage in the year 2008. It

is also pointed out that earlier also he was filing some criminal

complaint in respect of the same transaction using a cheque,

which is alleged to have been given by petitioner to de facto

complainant. He lodged the complaint and petitioner was

acquitted in the case as per Annexure-A5. Later, another

complaint was filed in the year 2007 against petitioner in

respect of the same transaction relating to Rs.5.24 lakhs and

BA.224/09 2

the police conducted an investigation into the crime and

referred the case as evidenced by Annexure A6. Thereafter, a

private complaint was filed and it was dismissed as per

Annexure A7 by the learned Chief Judicial Magistrate, since the

complaint was not pressed. Petitioner has again filed the

present complaint in respect of the same transaction. Hence,

anticipatory bail may be granted, it is submitted.

4. Learned Public Prosecutor submitted that he has no

objection in granting anticipatory bail.

On hearing both sides, I find that anticipatory bail can be

granted to petitioner and the following order is passed:

Petitioner shall surrender before the Magistrate

Court concerned within seven days from today and

he shall be released on bail on his executing a bond

for Rs.25,000/- with two solvent sureties each for the

like sum to the satisfaction of the Magistrate Court

concerned, on the following conditions:

i) Petitioner shall report before the investigating

officer as and when directed and co-operate

with the investigation.

BA.224/09 3

ii). Petitioner shall not commit any offence while

on bail.

Petition is allowed.

K.HEMA, JUDGE
vgs.