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.
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B.A.No.4765 of 2007
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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
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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
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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
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B.A.No.4765/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007