IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 Bail Appl..No. 5575 of 2009(A) ----------------------------------------- CRIME NO.348/2009 OF VANCHIYOOR POLICE STATION, THIRUVANANTHAPURAM. ........ : PETITIONERS/ACCUSED 1 & 2 --------------------------------------------- 1. ABDUL SALAM, AGED 48 YEARS, S/O.MOHAMMED IBRAHIM, S.S. ENTERPRISES, AMBIKA VILASOM ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. 2. SEENATH, W/O.ABDUL SALAM, RESIDING AT THIRUVATHIRA, THIRUMALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.VIJAYAKUMAR RESPONDENT(S): STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.348 OF 2009 OF VANCHIYOOR POLICE STATION). PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss K. HEMA, J ---------------------- B.A.No.5575 OF 2009 ----------------------------------- Dated this the 21st day of May, 2010 O R D E R This is a petition for anticipatory bail. 2. Petitioners are accused No.1 and 2 in the crime registered u/s 420 and 34 IPC. According to prosecution, both the accused in furtherance of common intention to cheat defacto complainant, induced him to part with Rs.25,000/- and also driving license etc. of his son to obtain visa and employment in Saudi Arabia. But visa was not obtained. They failed to return the documents and it was revealed that they had cheated the defacto complainant. 3. Learned counsel for the petitioner submitted that the matter has been settled between the parties, a compromise is entered into and it is produced before this court as Annexure -1. Hence anticipatory bail may be granted, it is submitted. 4. Learned public prosecutor submitted that there was a direction to petitioners from this court to appear before the investigating officer. But, they failed to comply with the B.A. No.5575/09 2 direction. Hence this is not a fit case to grant anticipatory bail. Learned counsel for petitioner submitted petitioners were laid up and hence they could not appear in court and therefore, he produced Annexure -A1. 5. Heard both sides. In annexure -A1, one Shine Baby has requested Vanchiyoor Police to stop the proceedings in crime No.348/09. Learned public prosecutor submitted that he has no instruction regarding any such document being executed or in respect of any such compromise entered into between the parties and hence, I am not inclined to act upon annexure-A1. Petitioner has violated directions of this court and there is nothing to show that they were laid up etc. In such circumstances, I am reluctant to invoke discretion u/s 438 Cr.P.C. to grant anticipatory bail. This petition is dismissed. K. HEMA, JUDGE. Sou.