IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 5698 of 2011() ----------------------------- CRIME NO.422/2011 OF PATHANAMTHITTA POLICE STATION PETITIONER/ACCUSED NO.5 : ---------------------------------- M.C.RAJESH,S/O.CHANDY.M.C, PLAVEENAPARACKAL VEEDU,EDEYIRICKAPPUZHA, KANGAZHA,CHANGANASSERY,KOTTAYM DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR RESPONDENT(S): COMPLAINANT ------------------------------------- STATE OF KERALA,REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5698 of 2011 --------------------------- Dated this the 8th day of August, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.422 of 2011 of Pathanamthitta Police Station. 2. The offences alleged against the accused are under Sections 120B, 418 and 420 read with Section 34 of the Indian Penal Code and Sections 10 and 24 of the Emigration Act. 3. When the Bail Application came up for admission on 28.7.2011, the following order was passed : “3. The prosecution case is that promising jobs in foreign countries, accused Nos.1 to 4 induced jobless young people and collected huge amounts from them. They were not provided with jobs and the amounts were collected only to cheat them. Accused No.5 (petitioner) is the driver employed by BA 5698/2011 2 accused No.1. The allegation is that accused No.1 transferred 7.65 Ares of land in favour of accused No.5 to save the property from being proceeded against by the victims. It is submitted by the learned counsel for the petitioner that there is no allegation against the petitioner that he induced any of the persons to pay amounts to accused Nos.1 to 4. It is submitted that there is no case that he received any amount from any of the aggrieved persons. 4. Taking into account the facts and circumstances of the case and the nature of the offence, I am of the view that before considering the question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 2nd and 3rd August, 2011. 5. Post on 8th August, 2011. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.422 of 2011 of Pathanamthitta Police Station, till 14th August, 2011. The petitioner shall produce a copy of this order before the investigating officer.” BA 5698/2011 3 4. It is submitted by the learned counsel for the petitioner as well as the learned Public Prosecutor that the direction in the order dated 28.7.2011 has been complied with by the petitioner. 5. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that the direction in the order dated 28.7.2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for ` 10,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions : A) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Mondays, till the final report is filed or until further orders; B) The petitioner shall appear before the investigating officer for interrogation as and when required ; BA 5698/2011 4 C) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence ; D) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; E) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T.SANKARAN JUDGE csl