IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 Bail Appl..No. 484 of 2008() ---------------------------- CRIME NO.18/CR/KNR/2005 OF CBCID, KASARAGOD : PETITIONER/ACCUSED NO.2 ---------------------------------------- DR.K.A.KHADER, S/O.LATE K.P.SAYID, `PEOPLE'S CLINIC, KUNJATHUR P.O., MANJESHWAR, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE DY.S.P., CBCID, KASARAGOD, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.484 of 2008 ---------------------------------------- Dated this the 5th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Altogether there are two accused persons. Crime is registered under Section 420 I.P.C. The petitioner is the de facto complainant in the crime and in the F.I statement he alleged that the first accused had deceived himself as well as various other job seekers. Crime was registered on the basis of such complaint and investigation commenced. On the petitioner's request, the investigation was entrusted to the CBCID. CBCID is investigating the crime now. In the course of the investigation, the CBCID came to realise that the petitioner does also have contumacious involvement in the alleged crime. Accordingly, the petitioner, the de facto complainant has now been transposed as the second accused in the crime as per the report dated 09/07/2007. Investigation is in progress. The petitioner apprehends imminent arrest. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is true that the petitioner had collected amounts from various job seekers on behalf of the B.A.No.484/08 2 first accused; but he had forwarded the amount to the first accused by demand draft. The petitioner has no contumacious responsibility for the inability/failure of the first accused to provide jobs to the various job seekers. The petitioner has been attempting to settle the disputes between various individuals who had paid the money also. In these circumstances, the petitioner does not deserve to endure the trauma of arrest and detention. He may now be granted anticipatory bail, it is prayed. 3. The learned Public Prosecutor does not oppose the application. The learned Public Prosecutor reports that the investigation has revealed that the petitioner had paid the amounts by demand draft to the first accused and it is the first accused who had not made arrangements for furnishing visa to the job seekers inspite of receipt of the amount. The State has no objection against grant of anticipatory bail to the petitioner subject to appropriate conditions, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that the petitioner can be granted anticipatory bail. In the absence of opposition by the learned Public Prosecutor, it is B.A.No.484/08 3 not necessary for me to advert to facts in any greater detail in this order. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 12/02/2008. He shall be released on regular bail on condition that he executes 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 5 p.m on 13/02/2008 and 14/02/2008. During this period, the investigating officer shall be at liberty to interrogate the petitioner in custody and take all necessary steps for the proper conduct of the investigation in this crime. Thereafter the petitioner shall so appear on all Mondays and Fridays between 10 a.m and 12 noon for a period of two months and subsequently as and when directed by the investigating officer in writing to do so. B.A.No.484/08 4 (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 these directions were not issued at all. (iv) If he were arrested prior to 12/02/2008, 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 12/02/2008. (R.BASANT, JUDGE) jsr B.A.No.484/08 5 B.A.No.484/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007