High Court Kerala High Court

Danavan @ Danaseelan vs State Of Kerala Represented By on 13 August, 2007

Kerala High Court
Danavan @ Danaseelan vs State Of Kerala Represented By on 13 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4765 of 2007()


1. DANAVAN @ DANASEELAN, S/O.RAJAPPAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.R.VINOD

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :13/08/2007

 O R D E R
                          R.BASANT, J.
                       ----------------------
                       B.A.No.4765 of 2007
                   ----------------------------------------
             Dated this the 13th day of August 2007

                              O R D E R

Application for anticipatory bail. The petitioner is the sole

accused in a crime registered inter alia under Section 420 I.P.C.

According to the de facto complainant, he had sold a vehicle to

the petitioner and the petitioner had issued a demand draft for

Rs.6,07,500/-. This amount was received by the de facto

complainant as price of the car. It is the complaint of the de

facto complainant that the petitioner had created false

documents to make it appear that the said payment was a

payment made as advance/loan to the de facto complainant. The

crime has been registered on the basis of a reference of the

complaint under Section 156(3) Cr.P.C by the learned

Magistrate. Investigation is in progress. The petitioner

apprehends that he may be arrested and detained by the police.

The crime number is not furnished in the application as the

petitioner was not sure whether any crime has been registered.

2. The learned Public Prosecutor, after taking

instructions, submits that crime No.809/2007 has in fact been

B.A.No.4765/07 2

registered on the basis of a private complaint referred to the

police by the learned Magistrate. Investigation is in progress.

The learned Public Prosecutor does not oppose the prayer for

grant of anticipatory bail.

3. I have considered all the relevant inputs. In the

absence of opposition from the learned Public Prosecutor, it is

not necessary to advert to facts in greater detail. Suffice it to

say that I find merit prima facie in the contentions of the learned

counsel for the petitioner that the transaction is a civil

transaction in respect of which civil proceedings have already

been initiated between the parties. I find the contention of the

petitioner that the belated complaint has been filed without

justifiable reasons. worthy of serious consideration. Subject to

appropriate conditions, which shall ensure the interests of a fair,

efficient and expeditious investigation, anticipatory bail can be

granted to the petitioner, I am satisfied.

4. In the result, this petition is allowed. Following

directions are issued under Section 438 Cr.P.C in favour of the

petitioner.

i) Petitioner shall surrender before the learned

Magistrate having jurisdiction at 11 a.m on 20/08/2007.

ii) He shall be released on regular bail on condition that

B.A.No.4765/07 3

he executes a bond for Rs.50,000/-(Rupees fifty thousand only)

with two solvent sureties each for the like sum to the satisfaction

of the learned Magistrate.

iii) The petitioner shall make himself available for

interrogation before the investigating officer between 10 a.m

and 5 p.m on 21/08/2007 and 22/08/2007 and thereafter on all

Mondays and Fridays between 10 a.m and 12 noon for a period

of one month and subsequently as and when directed by the

investigating officer in writing to do so.

(iv) 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 these directions were not issued at all.

(v) If he were arrested prior to 20/8/2007, he shall be

released from custody on his executing a bond for Rs.50,000/-

(Rupees fifty thousand only) without any sureties, undertaking to

appear before the learned Magistrate on 20/8/2007.




                                             (R.BASANT, JUDGE)
jsr
            // True Copy//     PA to Judge

B.A.No.4765/07    4

B.A.No.4765/07    5

       R.BASANT, J.




         CRL.M.CNo.




            ORDER




21ST DAY OF MAY2007