IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6710 of 2009()
1. P. KUNHALASSAN ALIAS, KUNHIPPA,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE
... Respondent
For Petitioner :SRI.T.V.GEORGE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :08/12/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6710 OF 2009
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Dated this the 8th day of December, 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.325 of 2009 of Kozhinjampara Police Station.
2. The offence alleged against the petitioner is under
Section 420 of the Indian Penal Code.
3. The prosecution case is the following: The petitioner is
engaged in the business of chicken. He used to bring chicken from
Tamil Nadu in lorry loads. Advance tax has to be paid for the same.
The petitioner produced pay orders under the pretext of paying
advance tax. Later, it was revealed that those documents were not
pay orders, but cheques. On presentation of the cheques, they were
dishonoured.
4. It is submitted by the learned counsel for the petitioner
that the petitioner entrusted the amount for payment of advance tax
B.A. NO. 6710 OF 2009
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to one Pradeep Kumar who was regularly involved in the bank
transactions. It is stated that he used to get demand drafts on behalf
of the customers without any Bank’s commission for the same.
According to the petitioner, he has paid the amount to Pradeep
Kumar. Later, notices were issued to the petitioner for payment of
the amount covered by the cheques as well as penalty. The learned
counsel for the petitioner submitted that the petitioner has paid the
tax.
5. Taking into account the facts and circumstances of the
case, the nature of the offence and the fact that the petitioner has
paid the advance tax, I am of the view that anticipatory bail can be
granted to the petitioner.
6. 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:
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a) The petitioner shall report before the investigating
officer between 9 A.M. and 11 A.M. on alternate
Mondays, till the final report is filed or until further
orders;
b) The petitioner shall appear before the investigating
officer for interrogation as and when required;
c) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
d) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
e) 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/