IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 688 of 2008() ---------------------------- CRIME NO.59/2008 OF KANJAR POLICE STATION : PETITIONER/FIRST ACCUSED ----------------------------------------- RATHEESH K.KRISHNAN, S/O. KRISHNAN, KUDILUMMATTATHIL HOUSE, ARAKULAM VILLAGE, THODUPUZHA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.688 of 2008 ---------------------------------------- Dated this the 6th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the first accused. Altogether there are two accused persons. They face allegations in a crime registered under Section 420 read with 34 I.P.C. The crime has been registered on the basis of a private complaint filed by the de facto complainant before the learned Magistrate and referred by the learned Magistrate to the police under Section 156(3) Cr.P.C. The crux of the allegations against the petitioner is that he had acted as an agent of the second accused and had induced the de facto complainant to part with an amount of Rs.65,000/- on the promise that visa and employment abroad shall be furnished to the de facto complainant. Visa was not furnished. Amount was not returned. In these circumstances, the de facto complainant, in the private complaint, alleged that both the accused, in furtherance of their common intention, had cheated the de facto complainant. 2. The learned counsel for the petitioner submits that even going by the allegations raised by the de facto complainant, B.A.No.688/08 2 the entire amount other than an amount of Rs.15,000/- was paid into the account of the second accused and receipt for that was handed over to the de facto complainant. Even allegedly, petitioner had received only an amount of Rs.15,000/-. The petitioner had no contumacious intention at all. The de facto complainant was given a visa for employment abroad; but he did not make use of that because of certain disputes. In any case, the petitioner is willing to show his bona fides by depositing the amount which only, even allegedly, he had received. He may be saved of the undeserved trauma of arrest and detention, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the said prayer. The learned Public Prosecutor submits that appropriate conditions may be imposed to ensure the interests of a fair, efficient and expeditious investigation. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of the petitioner. i) The petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 18/02/2008. He B.A.No.688/08 3 shall be released on regular bail on condition that he executes a bond for Rs.25,000/-(Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. ii) He shall deposit an amount of Rs.15,000/- (Rupees fifteen thousand only) before the learned Magistrate which amount shall be retained by the learned Magistrate as fixed deposit for a period of two months and the same shall ultimately be released by the learned Magistrate who shall pass appropriate orders regarding releasing of the same. iii) He shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 19/02/2008 and 20/02/2008. 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 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 B.A.No.688/08 4 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 18/02/2008, he shall be released from custody on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) without any sureties, undertaking to appear before the learned Magistrate on 18/02/2008. (R.BASANT, JUDGE) jsr B.A.No.688/08 5 B.A.No.688/08 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007