IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 4816 of 2009 CRIME NO.1600 OF 2009 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONER/ACCUSED -------------------------------------- GEETHA NANDANAN, W/O. NANDANAN, THOMMATH HOUSE, KODAKARA, THRISSUR DIST. BY ADV. SRI.SAIJO HASSAN RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4816 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the third accused in Crime No.1600 of 2009 of Central Police Station, Ernakulam. 2. The offence alleged against the accused persons is under Section 420 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: The de facto complainant came to know that employment in Russia is being arranged to persons through Friends Agency at Kodakara. The de facto complainant approached Friends Agency. He was informed that he would be offered job in a company as Welder if he pays a sum of Rs.1,25,000/-. The de facto complainant paid a sum of Rs.20,000/- as advance. The passport of the de facto complainant was also handed over. He was directed to go to the Head Office at Ernakulam. Accordingly, he went to the Head Office at Kalathiparambu Road in Ernakulam, where he met Rahim and B.A. NO. 4816 OF 2009 :: 2 :: Jacob, who were running the office. The de facto complainant was told that one Jishnu, nephew of George, would be available in Russia. The de facto complainant paid a sum of Rs.50,000/-. The medical examination of the de facto complainant was conducted. On 13.4.2009, he was sent to Russia. A sum of Rs.80,000/- was entrusted to one Manoj as directed by Jishnu, when the de facto complainant reached Russia. The de facto complainant was taken to a flat. There were thirty Keralites accommodated in two rooms. Employment was not arranged. The de facto complainant realised that there are several such persons who were cheated and who were stranded in Russia. The de facto complainant was later taken for employment in a construction company, but he did not get any salary, wages or remuneration. Ultimately, about sixty persons who were similarly situated informed the Honourable Minister for External Affairs. On the instruction of the Honourable Minister and with the help of one Ravi Nair, who is a businessman in Russia, the de facto complainant and others were rescued to India. 4. The petitioner apprehends arrest in connection with the crime. She is also an accused in Crime No.377 of 2009 of Kodakara Police Station. The petitioner moved B.A.No.3987 of 2009 B.A. NO. 4816 OF 2009 :: 3 :: for the grant of anticipatory bail in Crime No.377 of 2009. That Bail Application was dismissed by me by the order dated 9.10.2009. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If the petitioner is granted anticipatory bail, it would seriously affect the smooth conduct of the investigation. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/