High Court Kerala High Court

Kiran Jose vs State Of Kerala on 2 February, 2010

Kerala High Court
Kiran Jose vs State Of Kerala on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5779 of 2009()


1. KIRAN JOSE,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  :PUBLIC PROSECUTOR

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

 Dated :02/02/2010

 O R D E R
                         K.T.SANKARAN, J.
                  ---------------------------------------------
                       B.A.No.5779 of 2009
                  ---------------------------------------------
             Dated this the 2nd day of February, 2010


                               ORDER

This is an application for anticipatory bail under Section

438 of the Code of Criminal Procedure. The petitioner is the sole

accused in Crime No.493 of 2009 of Anchal Police Station.

2. The offence alleged against the petitioner is under

Section 420 of the Indian Penal Code.

3. The de facto complainant filed a petition to the

Superintendent of Police, Kollam which was forwarded to the

C.I. of Police, Punalur. A crime was registered as Crime No.890

of 2009 by Punalur police Station. Subsequently, the case was

transferred to Anchal Police Station where it was re-registered

as Crime No.493 of 2009. The case of the de facto complainant

is that he sold rubber to the petitioner and the petitioner had to

pay a sum of Rs.26,13,705/- to the de facto complainant. A

cheque was issued in discharge of that liability. When the

cheque was presented, it was returned on the ground that the

account was closed. The de facto complainant stated that the

petitioner had committed the offence under Section 420 of the

BA No.5779/2009 2

Indian Penal Code.

4. The case of the petitioner is that the rubber

purchased by him from the de facto complainant was supplied to

Appollo Tyres. Appollo Tyres rejected the goods on the ground

of the same being of substandard quality. The rubber was

entrusted back to the de facto complainant. The petitioner

demanded the money which he had paid to the de facto

complainant. There arose a dispute between them. It is alleged

that the person hired by the de facto complainant came to the

office of the petitioner and ransacked his office. Though a

petition was filed before the police, no crime was registered.

5. 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.

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:

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

BA No.5779/2009 3

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
csl

BA No.5779/2009 4

K.T.SANKARAN, J.

———————————————

B.A.No.5779 of 2009

———————————————
Dated this the 6th day of October, 2009

ORDER

This Bail Application was posted to 12.10.2009. On a

mention made by the learned counsel for the petitioner, the Bail

Application has been posted today.

2. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

3. It is submitted by the learned Public Prosecutor that

he requires time to get instructions in the matter and that till the

next posting date, the petitioner would not be arrested. This

BA No.5779/2009 5

submission is recorded.

Post on 15.10.2009.

K.T.SANKARAN,
JUDGE
csl

Hand over copy to both sides.