IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 2064 of 2010() ----------------------------- CRIME NO.307/2010 OF ALUVA POLICE STATION .................... APPLICANT/ACCUSED NO.1 ------------------------------------------ SONY GEORGE, S/O. GEORGE, MANAKKUNNELKULASSERY HOUSE, MATHIRAPPILLY, KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.M.H.HANIS RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING S.I. OF POLICE, ALUVA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, ALONG WITH B.A.NO.2066/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------ B.A.Nos.2064 & 2066 of 2010 ------------------------------------------------- Dated this the 8th day of April, 2010 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner in these Bail Applications is Sony George, who is accused No.1 in Crime Nos.292 of 2010 and 307 of 2010 of Aluva Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 406 read with Section 34 of the Indian Penal Code. 3. The allegation against the petitioner in Crime No.292 of 2010 is that offering a job visa in United States, he received Rs.4 lakhs from the de facto complainant and the visa was not given. The allegation against the petitioner in Crime No.307 of 2010 is that in similar circumstances, Rs.3 lakhs was received from the de facto complainant therein. 4. The petitioner was arrested on 2.2.2010 and he was remanded to judicial custody. It is submitted that his formal arrest was recorded in Crime No.307 of 2010 as well. BA Nos.2064 & 2066/2010 2 5. The learned counsel for the petitioner submitted that since the charge sheet is not filed within 60 days from the date of remand of the petitioner, the petitioner is entitled to bail under the proviso to Section 167(2) of the Code of Criminal Procedure. 6. The learned Public Prosecutor pointed out that the petitioner is involved in three crimes of similar nature registered in Thodupuzha Police Station, 40 similar cases registered in Ottappalam Police Station and 16 similar cases registered in Kothamangalam Police Station. In the facts and circumstances of the case, the Bail Applications are disposed of granting liberty to the petitioner to move the Magistrate's court having jurisdiction for default bail under the proviso to Section 167(2) of the Code of Criminal Procedure. If such an application is filed, the learned Magistrate shall dispose of the same in accordance with law. The Bail Applications are disposed of as above. K.T.SANKARAN, JUDGE csl BA Nos.2064 & 2066/2010 3