IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4976 of 2007()
1. SIVADASAN, AGED 65 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/08/2007
O R D E R
R.BASANT, J.
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B.A.No.4976 of 2007
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Dated this the 13th day of August 2007
O R D E R
Application for anticipatory bail. The petitioner is the
second accused. The crime is registered under Section 420 read
with 34 I.P.C. The first accused is the son of the second
accused. The petitioner/second accused had earlier filed a
complaint under Section 138 of the Negotiable Instruments Act
against the de facto complainant herein. As a counter blast
against the said proceedings initiated by the second respondent,
the de facto complainant, the accused in that case, has allegedly
filed a private complaint before the learned Magistrate. That has
been referred to the police under Section 156(3) Cr.P.C for
investigation. Crime has been registered. Investigation is in
progress. The petitioner/second accused apprehends imminent
arrest. The first accused, that is the son of the petitioner, is not
available in India now.
2. The learned counsel for the petitioner submits that
the proceedings initiated is nothing but transparent abuse of the
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process of the court. Merely because the petitioner had initiated
the proceedings under Section 138 of the Negotiable
Instruments Act, the present complaint has been filed against
not only the petitioner but also his son employed abroad. It is
prayed that anticipatory bail may be granted to the petitioner.
3. The learned Public Prosecutor does not oppose the
said prayer and in the circumstances to which I have made brief
reference already, I am satisfied that directions under Section
438 Cr.P.C can be issued in favour of the petitioner.
4. In the result, this petition is allowed. Following
directions are issued under Section 438 Cr.P.C in favour of the
petitioner.
i) Petitioner shall surrender before the learned
Magistrate having jurisdiction at 11 a.m on 20/8/2007.
ii) He shall be released on regular bail on condition that
he executes a bond for Rs.25,000/-(Rupees twenty five thousand
only) with two solvent sureties each for the like sum to the
satisfaction of the learned Magistrate.
iii) The petitioner shall make himself available for
interrogation before the investigating officer between 10 a.m
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and 12 noon on 21/08/2007 and 22/08/2007 and thereafter on all
Mondays and Fridays between 10 a.m and 12 noon for a period
of one month and subsequently as and when directed by the
investigating officer in writing to do so.
(iv) If the petitioner does not appear before the learned
Magistrate as directed in clause (i), directions issued above shall
thereafter stand revoked and the police shall be at liberty to
arrest the petitioner and deal with him in accordance with law,
as if these directions were not issued at all.
(v) If he were arrested prior to 20/8/2007, he shall be
released from custody on his executing a bond for Rs.25,000/-
(Rupees twenty five thousand only) without any sureties,
undertaking to appear before the learned Magistrate on
27/7/2007.
Hand over copy of this order to the learned counsel for the
petitioner.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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B.A.No.4976/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007
