N.Trivikraman Potti v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.P.JYOTHINDRANATH FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 Bail Appl..No. 8003 of 2015 ------------------------------- CRIME NO. 3483/2015 OF KARUNAGAPPALLY POLICE STATION, KOLLAM DISTRICT. ...........

PETITIONER/ACCUSED:

---------------------------------- N.TRIVIKRAMAN POTTI, S/O.NARAYANAN POTTI, AGED 57 YEARS, VANCHIYOOR VILA, M/S.SURYA ASSOCIATES, SRP MARKET PO, KARUNAGAPPALLY, KOLLAM DISTRICT.

BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S)/COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031, (REPRESENTING SUB INSPECTOR OF POLICE, KARUNAGAPPALLY POLICE STATION, KOLLAM)

2. THE DEPUTY SUPERINTENDENT OF POLICE, LAW AND ORDER, KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.

BY PUBLIC PROSECUTOR SMT.HYMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.P.JYOTHINDRANATH, J.

- - - - - - - - - - - - - - - - - - - - - B.A.No.8003 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December , 2015

ORDER

This is an application filed under Section 438 of the Code of Criminal Procedure, 1903. The case of the petitioner is that the petitioner is the accused in Crime NO.3483/2015 of Karunagappally Police Station. The allegation is that the petitioner purchased a dredger for consideration. Towards consideration, cheques are given and the same are now dishonoured and the sellers now filed a complaint alleging offence under Section 420 of IPC and the petitioner apprehends arrest and detention.

2.

I heard the learned Public Prosecutor. The learned Public Prosecutor submitted that dredger is worth Rs. 1 crore and not even a penny was given to the owners and it is nothing, but cheating. 3.

After hearing the learned counsel for the petitioner and the learned Public Prosecutor, the following order passed :

B.A.No.8003/2015 1) The petitioner shall appear before the Investigating Officer within ten days of this order. On such appearance, the Investigating Officer is at liberty to interrogate the petitioner. After interrogation, if the police officer feels that arrest is necessary, he is at liberty to arrest the petitioner. Thereafter, the petitioner shall be released on bail on executing a bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the officer concerned.

2) After release on bail, the petitioner shall appear before the Investigating Officer on all Saturdays in between 10 a.m. and 12 noon for a period of two months.

3) The petitioner shall not commit similar offences during the bail period.

4) The petitioner shall not influence or intimidate the witnesses.

4.

It is made clear that granting of anticipatory bail will not be

B.A.No.8003/2015 a bar for making any search or seizure by the Police. If an application under Section 311 A of Cr.P.C. is filed by prosecution, petitioner shall co-operate with the same.

On the above conditions, this anticipatory bail application is allowed.

K.P.JYOTHINDRANATH JUDGE sv.