IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 224 of 2009()
1. T.P.ABDUL NAZAR,S/O.T.P.MAHIN,THEKKIL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :20/01/2009
O R D E R
K.HEMA, J.
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B.A.No. 224 of 2009
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Dated this the 20th January, 2009
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 406 and 420
of the Indian Penal Code. According to prosecution, petitioner
entrusted Rs.5.24 lakhs with de facto complainant on the
understanding that interest will be paid and the profit in the
business will also be given to him. But the amount was not
returned and no profit was also given.
3. Learned counsel for petitioner submitted that as per the
allegations, the transaction took place in the year 1999-2000
and the complaint is filed at a belated stage in the year 2008. It
is also pointed out that earlier also he was filing some criminal
complaint in respect of the same transaction using a cheque,
which is alleged to have been given by petitioner to de facto
complainant. He lodged the complaint and petitioner was
acquitted in the case as per Annexure-A5. Later, another
complaint was filed in the year 2007 against petitioner in
respect of the same transaction relating to Rs.5.24 lakhs and
BA.224/09 2
the police conducted an investigation into the crime and
referred the case as evidenced by Annexure A6. Thereafter, a
private complaint was filed and it was dismissed as per
Annexure A7 by the learned Chief Judicial Magistrate, since the
complaint was not pressed. Petitioner has again filed the
present complaint in respect of the same transaction. Hence,
anticipatory bail may be granted, it is submitted.
4. Learned Public Prosecutor submitted that he has no
objection in granting anticipatory bail.
On hearing both sides, I find that anticipatory bail can be
granted to petitioner and the following order is passed:
Petitioner shall surrender before the Magistrate
Court concerned within seven days from today and
he shall be released on bail on his executing a bond
for Rs.25,000/- with two solvent sureties each for the
like sum to the satisfaction of the Magistrate Court
concerned, on the following conditions:
i) Petitioner shall report before the investigating
officer as and when directed and co-operate
with the investigation.
BA.224/09 3
ii). Petitioner shall not commit any offence while
on bail.
Petition is allowed.
K.HEMA, JUDGE
vgs.