IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 Bail Appl..No. 3839 of 2009() ------------------------------------------ (CRIME NO.56/09 OF THE THRITHALA POLICE STATION) PETITIONERS/ACCUSED: -------------------------------------- 1. JAYARAJ, S/O. VELAYUDHAN, KIZHAKKEKARA HOUSE, P.O.KALLADATHUR, VIA KUMARANANALLUR, PALAKKAD DISTRICT. 2. SUJAYAN, S/O. VELAYUDHAN, KIZHAKKEKARA HOUSE, P.O.KALLADATHUR, VIA KUMARANANALLUR, PALAKKAD DISTRICT. 3. VELAYUDHAN, KIZHAKKEKARA HOUSE, P.O.KALLADATHUR, VIA KUMARANANALLUR, PALAKKAD DISTRICT. 4. RADHAKRISHNAN, GOLDEN WINGS, 2ND FLOOR, MANAMA BUILDINGS, OPP. K.S.R.T.C., MAVOOR ROAD, KOZHIKODE. 5. VIJAYAKUMAR, 41/1742(A), 2ND FLOOR, PAPARATH, KRISHNA SWAMY ROAD, PULLEPADY, KOCHI-682 005. BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENT(S): --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. AMJAD ALI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- B.A.No.3839 of 2009 -------------------------- ORDER Petitioners are the accused in Crime No.56/2009 of Thrithala Police Station registered on the basis of Annexure-1 complaint filed by Dileepkumar before Judicial First Class Magistrate's Court, Pattambi, which was forwarded for investigation under Section 156 (3) of Code of Criminal Procedure. This petition is filed under Section 438 of Code of Criminal Procedure for anticipatory bail. 2. Though case was registered as against third petitioner also, later, he was deleted from the array of the accused and now petitioners, 1, 2, 4 and 5 are the accused. Case of the petitioners is that, making it absolutely clear to the complainant that till he obtains a licence from U.A.E., he cannot work as a driver and has to do other works, visa was given to him and he was paid all salary, including leave salary as evidenced by Annexure-7 statement obtained from the company, where, the complainant was employed and in BA 3839/09 2 such circumstances, an offence under Section 420 of Indian Penal Code will not lie. 3. Learned Public Prosecutor submitted that the case is under investigation and for the purpose of investigation, petitioners are to be questioned. 4. On hearing the learned counsel appearing for the petitioners and documents made available, I do not find that custodial interrogation of the petitioners is necessary. In such circumstances, petitioners are entitled to get regular bail from the Magistrate. If that be so, it is not necessary to invoke the extraordinary jurisdiction of this Court under Section 438 of Code of Criminal Procedure to grant anticipatory bail, when they are entitled to get regular bail. It is for the petitioners to surrender before the learned Magistrate and seek regular bail. If petitioners surrender and file an application for bail, in the facts and circumstances of the case, Magistrate will release them on bail imposing sufficient conditions. Bail application is disposed accordingly. 22nd July, 2009 (M.Sasidharan Nambiar, Judge) tkv