Anticipatory bail can be granted when allegations do not prima facie indicate criminal intention and the applicant has no criminal record.

O R D E R

Dated this the 30th day of March 2021 This is an application for anticipatory bail under Section 438 of the Cr.P.C.

2. The applicant is the sole accused in Crime No.2302/2020 of Muvattupuzha Police Station for having allegedly committed the offences punishable under Sections 406 and 420 of the I.P.C.

3. The prosecution case, in brief, is that the applicant while working in Abu Dhabi, he had allegedly availed a loan from International Emirates Bank, Abu Dhabi with the intention to cheat the Bank and towards payment, he issued a cheque for 161844 UAE Dirham and the cheque was dishonoured for want of sufficient fund on 05.09.2011. Thereafter, no complaint was filed in Abu Dhabi regarding the dishonouring of the cheque.

The de facto complainant had thereafter filed a complaint by email and the crime was registered.

4. The incident took place about eight years ago.

An offence under Section 138 of the N.I.Act would not lie; because it is already time-barred. The fact that the applicant had taken a loan is also admitted. Under the circumstances, it appears to be a dispute purely civil in nature and the allegation that the applicant had misappropriated amount or cheated the de facto complainant cannot be prima facie believed because, at the time of borrowal, there is no indication that the applicant had borrowed the amount with the intention to cheat and not pay back the amount. The applicant has no other criminal antecedents. The de facto complainant was served with a notice by email, but none appears.

5. After having heard the submissions of the learned Counsel for the applicant and the learned Public Prosecutor, I find that the applicant is a person without any criminal antecedents. There is no possibility of his fleeing from justice.

In the result, the bail application is allowed and the applicant is directed to surrender before the investigating officer within two weeks. In the event of arrest, the applicant shall be released on bail on the execution of a bond for Rs.2,00,000/- (Rupees two lakhs only), with two solvent sureties for the like amount each, to the satisfaction of the investigating officer, and on the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called and shall cooperate with the investigation; and (iii) During the bail period, he shall not get involved in any similar offences.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.