IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 627 of 2010()
1. JAYAN, S/O. CHELLAYYA NADAR,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ABI GEORGE, S/O. LELLAMMA GEORGE,
For Petitioner :SRI.M.DINESH
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :02/02/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 627 OF 2010
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Dated this the 2nd day of February, 2010
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.381 of 2009 of Kuzhalmandam Police Station.
2. The offences alleged against the petitioner are under
Sections 468, 406 and 420 of the Indian Penal Code.
3. The de facto complainant filed Annexure A2 complaint
before the Court of the Judicial Magistrate of the First Class I,
Palakkad. The complaint was forwarded to the police for
investigation under Section 156(3) of the Code of Criminal
Procedure. Accordingly, the crime was registered. The case of the
de facto complainant is that he sold a lorry to the accused with a
condition that the accused should pay the hire purchase instalments
and that if he committed default in paying the hire purchase
instalments, the de facto complainant would have the right to
B.A. NO. 627 OF 2010
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repossess the vehicle. The accused did not pay the hire purchase
instalments. In spite of the request made by the de facto
complainant, he did not pay the amount. The de facto complainant
could not repossess the vehicle also. It is alleged that the accused
sold the vehicle to another party.
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.
5. 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.15,000/- with two solvent
sureties for the like amount to the satisfaction of the officer
concerned, subject to the following conditions:
a) The petitioner shall 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;
B.A. NO. 627 OF 2010
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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/