IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1883 of 2008() ----------------------------- CRIME NO.176/08 OF PUNALUR POLICE STATION PETITIONER : 3RD ACCUSED ----------------- SHINY @ SHYLAJA,D/O.CHANDRAN PILLAI, CHARUVILA VEEDU, MANIYAR P.O., PUNALUR. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1883 of 2008 ------------------------------------- Dated this the 26th day of March, 2008 ORDER Application for anticipatory bail. Petitioner, a woman, faces allegations as the 3rd accused in a crime registered under Section 420 I.P.C. The 1st accused is allegedly the husband of the petitioner. The petitioner stoutly denies the said assertion of her marital status. The crux of the allegations is that the defacto complainant was induced to part with an amount of Rs.80,000/- on the promise of a visa for employment abroad. Visa was not made available. Amount was not returned. The 1st accused runs the establishment. The petitioner, allegedly the wife of the 1st accused, was also available in the business premises, it is alleged. 2. The learned counsel for the petitioner prays, the learned Public Prosecutor does not oppose the said prayer and I am satisfied that the petitioner can now be granted anticipatory bail. The 1st accused has not been arrested, submits the learned Public Prosecutor. The learned Public Prosecutor clarifies that the concession that the petitioner can be granted anticipatory bail may not be reckoned as having any reflection on the claim of the 1st accused for bail or anticipatory bail. B.A.No.1883 of 2008 2 3. I am satisfied in the facts and circumstances of the case that the petitioner can be granted anticipatory bail subject to appropriate terms and conditions. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result, the Bail Application is, allowed. The following directions are issued under Section 438 Cr.P.C. i) The petitioner shall appear before the learned Magistrate at 11 a.m on 02.04.2008. She shall be enlarged on regular bail on her executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m and 3 p.m on 03.04.2008 and thereafter on all Mondays for a period of one month between 10 a.m and 3 p.m. Subsequently the petitioner shall make herself available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so; iii) If the petitioner does not appear before the learned Magistrate as directed in clause (i), directions issued above shall B.A.No.1883 of 2008 3 thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with her in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to her surrender on 02.04.08 as directed in clause (1) above, she shall be released from custody on her executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) without any sureties undertaking to appear before the learned Magistrate on 02.04.08. (R.BASANT, JUDGE) rtr/-