Jayachandran.K.S vs State Of Kerala on 6 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 3627 of 2009()


1. JAYACHANDRAN.K.S,AGED 3O YEARS,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/07/2009

 O R D E R
                             K.T.SANKARAN, J.
                ------------------------------------------------------
                         B.A. NO. 3627 OF 2009
                ------------------------------------------------------
                      Dated this the 6th July, 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 accused in Crime

No.358 of 2009 of the Musuem Police Station, Thiruvananthapuram.

2. The offences alleged against the petitioner are under Sections

379, 465, 468 and 471 of the Indian Penal Code.

3. The crime was registered on the basis of a petition filed by

M/s.Akbar Travels Private Limited stating that cheque leaf No.586451 was

lost and the petitioner presented the cheque through his account and tried

to realise a sum of Rs.Three lakhs.

4. The petitioner worked in M/s.Akbar Travels Private Limited from

January to September, 2006. He got appointment in the Forest

Department where he joined on 25.9.2006. Later, on 19.2.2008, he got

appointment in the Mining and Geology Department. The case of the

petitioner is that in May 2009, he noticed that a sum of Rs.Three lakhs

was credited in his account and in June 2009, another sum of Rs.Three

B.A. NO. 3627 OF 2009

:: 2 ::

lakhs was credited in his account. On 22.6.2009, the petitioner

addressed a letter to the Manager of the Bank pointing out the credit of

the aforesaid amounts and expressing his anguish over the same. He

stated that he had not presented the cheques. Learned counsel for the

petitioner also submitted that the petitioner received the letter dated

27.6.2009 from the Bank where it is stated as follows:

“With reference to your letter dated 22/06/2009 we are
furnishing below the informations required by you.

CHQ NO.586451 DT 25/05/2009 RS.300000/- DRAWN BY
M/S.AKBAR TRAVELS OF INDIA WITH AC
NO.626205073215 OF ICICIC BANK LTD

ABOVE CHQ WAS RETURNED BY ICICI BANK ON
12/06/09 WITH REASON PAYMENT STOPPED BY
DRAWER.

CHQ NO.586600 FOR RS.300000/- WAS CREDITED TO
YOUR SAVINGS BANK ACCOUNT WITH US ON
27/05/2009 DETAILS OF WHICH ARE NOT AVAILABLE
WITH US AS THE CHEQUE WAS PRESENTED FOR
CLEARING WITH PAYING SLIP AND PAID.”

4. In the light of the aforesaid facts, I am of the view that the

petitioner is entitled to get anticipatory bail. 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 him on bail on his executing bond for

Rs.25,000/- with two solvent sureties for the like amount to the

satisfaction of the officer concerned, subject to the following conditions:

B.A. NO. 3627 OF 2009

:: 3 ::

a) The petitioner shall appear before the investigating officer
for interrogation as and when required;

b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioner shall not commit any offence or indulge in any
prejudicial activity while on bail;

d) 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

ahz/