Jijo Rajan v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 Bail Appl.No. 6901 of 2014 ----------------------------------- CRIME NO. NOT KNOWN OF KOTTARAKKARA POLICE STATION .........
PETITIONER(S)/ACCUSED:
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1. JIJO RAJAN, AGED 28 YEARS, S/O. RAJAN GEORGE, CHARUVILA PUTHEN VEEDU, KARIKAM, KOTTARAKKARA.
2. RAJAN GEORGE, AGED 58 YEARS, S/O. GEORGE, CHARUVILA PUTHEN VEEDU, KARIKAM, KOTTARAKKARA.
BY ADVS.SRI.N.KRISHNA PRASAD SRI.P.RAVINDRA NATH RESPONDENT(S)/COMPLAINANTS:
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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOTTARAKKARA.
3. KAMAL LAL, AGED 37 YEARS, S/O. KAMALADHARAN, VAVUR VILAYIL, LAL BHAVAN, IRUMBANAMGADU, EZHUKONE VILLAGE, KOTTARAKKARA TALUK. BY PUBLIC PROSECUTOR SMT.REMA R.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/
K. ABRAHAM MATHEW, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2015
O R D E R
Petition filed under Section 438 Cr.P.C.
2.
Petitioners are alleged to have committed the offences under Sections 120B and 420 of the Indian Penal Code.
3.
They are father and son. The prosecution case is that to discharge the liability the first petitioner issued a cheque in favour of the first informant; when it was presented for encashment it was returned dishonoured on the ground that the account had been closed even before the issuance of the cheque.
3.
Heard.
4.
It appears that custodial interrogation of the petitioners is not necessary. Having regard to the nature of the allegations I am inclined to grant the prayer of the petitioners for anticipatory bail.
In the result, this application is allowed.
1.
The petitioners shall be released on bail after
interrogation on their executing a bond for Rs.25,000/- (Rupees Twenty five thousand only) each with two solvent sureties each for the like sum if they are arrested by the police in connection with this case.
2.
They shall appear before the investigating officer for interrogation if they are so required by him in writing.
3.
They shall not get themselves involved in any other criminal case while they are on bail.
4.
They shall not intimidate or attempt to influence the witnesses.
5.
They shall not destroy or tamper with evidence. 6.
They shall surrender their passport before the lower court concerned of if they do not have one, they shall file an affidavit to that effect within five days of their release.
7.
They shall not leave India without the previous permission of the court of enquiry or trial court as the case may be.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in
accordance with law.
If the petitioners surrender before the Magistrate this order is not applicable and the learned Magistrate may pass appropriate orders.
sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge