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P.K. Niyas vs The Station House Officer on 23 January, 2009

Kerala High Court
P.K. Niyas vs The Station House Officer on 23 January, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 37 of 2009()


1. P.K. NIYAS, S/O. ABEE,
                      ...  Petitioner
2. K.V. MOIDU, S/O. HASSAN,
3. P.K. FAISAL, S/O. MOIDEN,

                        Vs



1. THE STATION HOUSE OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.C.P.PEETHAMBARAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MRS. Justice K.HEMA

 Dated :23/01/2009

 O R D E R
                          K.HEMA, J.
                     ---------------------------
                     B.A. No.37 OF 2009
                     ---------------------------
           Dated this the 23rd day of January, 2009


                           O R D E R

This petition is for anticipatory bail.

2. The alleged offence is under Section 420 of I.P.C.

According to prosecution, first petitioner bid a chitty

conducted by defacto complainant and offered petitioner nos.

2 and 3 as sureties. Second petitioner produced a cheque

signed by him as a security for the amount but the said cheque

belonged to the account maintained by third accused and

thereby all of them in furtherance of common intention

committed the offence of cheating etc.

3. Learned counsel for petitioners submitted that

property was also offered as a security and the defacto

complainant can proceed against petitioner and petitioner may

be granted anticipatory bail.

4. This petition is opposed. Learned Public Prosecutor

submitted that this is a clear case of cheating and also forgery.

Second accused signed and issued a cheque, which belongs to

third accused from his account. The nature of the offence

B.A.No.37 of 2009
2

committed is serious and anticipatory bail may not be granted,

it is submitted.

On hearing both sides, considering the serious nature of

the allegations made, I am satisfied that it may not be proper

to grant anticipatory bail. The crime is registered as early as

on 10.12.2008 and petitioners are required for investigation.

Hence, petitioners are directed to surrender

before the Investigating Officer or the court

concerned without any delay and co-operate

with the investigation. Whether they

surrender or not, police is at liberty to

arrest them and proceed in accordance with

law.

The petition is dismissed.

K.HEMA, JUDGE

pac

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