IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2260 of 2008() ----------------------------- CRIME NO.209 OF 2007 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM .................... : PETITIONER/2ND ACCUSED: ---------------------------------------- S. ANIL KUMAR, S/O. SUDHAKARAN, KOPPATHIL VEEDU, NANNIYODE PACHA, PALUVALLY P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SANU.S.PANICKER RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2260 of 2008 ------------------------------------- Dated this the 11th day of April, 2008 ORDER Application for anticipatory bail. Petitioner is the 2nd accused. Altogether there are 3 accused persons. They face allegations in a crime registered alleging the offence punishable under Section 420 r/w 34 I.P.C. 2. The crux of the complaint is that the accused persons induced the defacto complaint, a B.A Degree holder, to part with an amount of Rs.1.25 lakhs as advance towards a total amount of Rs.5 lakhs to be paid as consideration for securing a teacher's job in an institution run by the 1st accused. The amount was paid directly to the 1st accused in the presence of accused 2 and 3, it is alleged. The payment was made in January, 2005. Long later in 2007, a compliant has been filed. Crime has been registered. Investigation is in progress. The petitioner apprehends imminent arrest. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He had no contumacious involvement in the alleged deception practiced on the defacto B.A.No.2260 of 2008 2 complainant by the 1st accused. In any view of the matter, the petitioner does not deserve to suffer the trauma of arrest and incarceration. He may be granted anticipatory bail, it is prayed. 4. The learned Public Prosecutor does not oppose the application, but only prays that appropriate conditions may be imposed. Even the case of the defacto complainant is only that the amount was directly handed over to the 1st accused. The role of the other accused in inducing the complainant to part with money deserves to be probed, submits the learned Public Prosecutor . 5. In the result, this 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 21.04.2008. He shall be enlarged on regular bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; ii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 1 p.m on 22.04.2008 and 23.04.2008. During this period, the Investigating Officer shall be at liberty to interrogate the B.A.No.2260 of 2008 3 petitioner in custody and take all necessary steps for the proper conduct of the investigation. Thereafter the petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of two months and subsequently 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 thereafter stand revoked and the police shall be at liberty to arrest the petitioner and deal with him in accordance with law as if those directions were not issued at all; iv) If the petitioner were arrested prior to his surrender on 21.04.08 as directed in clause (1) above, he shall be released from custody on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) without any sureties undertaking to appear before the learned Magistrate on 21.04.08. (R.BASANT, JUDGE) rtr/-