ORDER

This is an application seeking anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 . 2. The petitioner is accused No.1 in Crime No.1097/2025 of Kannur Town Police Station, Kannur District. The offence alleged against the petitioner is punishable under Section 420 read with Section 34 of the Indian Penal Code .

3. Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

4. The case of the petitioner is that he has received money from the defacto complainant as an investment in the Kerala Poultry Development Council. It is submitted that he had executed cheques in favour of the defacto complainant in discharge of the liability.

5. The learned Senior Public Prosecutor opposed the bail plea.

6. Concededly, cheques were issued in favour of the defacto complainant in discharge of the liability.

7. While considering the scope of jurisdiction under Section

438 Cr.P.C., the Constitution Bench of the Apex Court in Gurbaksh Singh Sibbia v. State of Punjab [ (1980) 2 SCC 565 ] held thus:

“31. In regard to anticipatory bail, if the proposed accusation appears to stem not from motives of furthering the ends of justice but from