IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1127 of 2008(K) ------------------------------ CRIME NO. 23/08 OF PANGODE POLICE STATION PETITIONERS/ACCUSED ------------------------------------ 1. K.PRABHAKARAN PILLAI, PALACKAL HOUSE, MARNAD, BHARATHANOOR P.O., THIRUVANANTHAPURAM. 2. SMT. VIJAYAMMA K.P., W/O. K.PRABHAKARAN PILLAI, PALACKAL HOUSE, MARNAD, BHARATHANOOR P.O., THIRUVANANTHAPURAM. 3. PRAVEEN P.V., S/O. K.PRABHAKARAN PILLAI, PALACKAL HOUSE, MARNAD, BHARATHANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENTS: COMPLAINANTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, PANGODE POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1127 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of February, 2008 O R D E R Application for anticipatory bail. The petitioners face allegations in a crime registered under Section 420 I.P.C. The crux of the allegations is that the defacto complainant was induced to part with an amount of Rs. 9 lakhs on the representation that such amount is required to be paid to secure admission to the Medical College for the daughter of the defacto complainant. An amount of Rs. 9 lakhs was thus received by the petitioners from the defacto complainant. But only an amount of Rs. 5 lakhs was paid and the balance of Rs. 4 lakhs was not remitted with the college and was taken away by the accused persons. Crime has been registered. Investigation is in progress. The petitioners apprehend imminent arrest. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. In any view of the matter, there is no satisfactory allegation of any offence of cheating. B.A.No. 1127 of 2008 2 According to the petitioners it was purely a case of borrowal of money. Rs. 4 lakhs admittedly remain to be paid to the defacto complainant. The petitioners are willing to pay the amount. If reasonable time is granted to the petitioners, they shall pay the said amount of Rs. 4 lakhs to the defacto complainant and ensure that the matter is settled. In these circumstances it is prayed that the petitioners may be granted anticipatory bail. 3. The learned Prosecutor opposes the application. He submits that all the available indications suggest that though by way of settlement of the disputes there was an agreement to pay an amount of Rs. 4 lakhs, that does not militate against the allegation of cheating. The learned Prosecutor submits that if the petitioners would return Rs.4 lakhs within a stipulated period of time, the State has no objection in granting anticipatory bail to the petitioners. Their request for reasonable time may be accepted in the discretion of the Court and appropriate directions may be issued, it is submitted. 4. I am satisfied that directions under Section 438 Cr.P.C. can be issued in favour of the petitioners, subject to appropriate terms and conditions. B.A.No. 1127 of 2008 3 5. In the result: (1) This application is allowed. (2) The following directions are issued under Section 438 Cr.P.C. (a) The petitioners shall surrender before the learned Magistrate on 4.3.2008 at 11 a.m. The learned Magistrate shall release the petitioners on regular bail (i) on condition that they execute bonds for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (ii) They shall on or before 21.4.2008 report to the learned Magistrate that the amount of Rs. 4 lakhs has been paid to the defacto complainant and produce voucher for the same before the learned Magistrate. In the alternative, they shall deposit the amount of Rs. 4 lakhs before the learned Magistrate within 45 days from 4.3.2008. (b) The petitioners shall make themselves available for interrogation before the Investigating Officer between 10 a.m. and 3 p.m. on 6.3.08 and 7.3.2008 and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.No. 1127 of 2008 4 © The petitioners shall appear before the learned Magistrate on 21.4.2008 to report the fact that the amount has been paid or deposited as directed above. (d) If the petitioners do not appear before the learned Magistrate as directed in clause (1) above, these directions shall lapse on 4.3.2008 and the police shall be at liberty thereafter to arrest the petitioners and deal with them in accordance with law. (e) If the petitioners were arrested prior to their surrender on 4.3.2008 as directed in clause (1) above, they shall be released on bail on their executing bonds for Rs.50,000/- each without any surety undertaking to appear before the learned Magistrate on 4.3.2008. (R. BASANT) Judge tm