IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 Bail Appl..No. 2842 of 2010() ----------------------------- AGAINST THE ORDER IN L.P.41/2004 IN CC.216/2002 of C.J.M.,KOZHIKODE .................... PETITONER/ACCUSED ------------------------------------- NISAR,S/O.ABDUL RAHIMAN,PUNATHIL HOUSE, NANMANDA AMSOM DESOM,KOZHIKODE DISTRICT. BY ADV. SRI.MUHAMMED SHAFI.M RESPONDENTS: COMPLAINANT/DEFACTO COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA,REP;BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. ANEESH,S/O.KUNJIRAMAN,KALLUNIRAPARAMBATH HOUSE, MAYANNUR,VADAKARA TALUK,KOZHIKODE DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J ---------------------- B.A.No.2842 OF 2010 ----------------------------------- Dated this the 24th day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. According to prosecution, petitioner promised to arrange a job for the defacto complainant and procured Rs.50,000/-, photos and SSLC book etc. from her and did not keep his word and thereby cheated defacto complainant. 3. Learned counsel for the petitioner submitted that petitioner did not commit any offence. He settled the matter with defacto complainant as early as in 2003 and petition as annexure-A1 was filed by defacto complainant stating that matter is settled. Petitioner had to go abroad since he was working there and he had o report for duty. Therefore, warrants were issued and case was registered as LPC.41/04. 4. On hearing both sides, I find that in the peculiar facts and circumstances of the case, taking into account B.A. No.2842/10 2 Annexure-A1 dated 2.5.2003, I find that petitioner can be granted anticipatory bail but considering delay cost must be ordered. Hence the following order is passed: Petitioner shall surrender before the Magistrate court concerned within seven days from today and he shall be released on bail on his executing a bond for Rs.50,000/- with two solvent securities each for the like amount to the satisfaction of the learned Magistrate, on condition that he will deposit Rs.5,000/- as cost to Legal Service Authority. This petition is allowed. K. HEMA, JUDGE. Sou.