IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 3RD APRIL 2008 / 14TH CHAITHRA 1930 Bail Appl..No. 2044 of 2008() ----------------------------- CRIME 287/08 OF ERNAKULAM TOWN NORTH POLICE STATION PETITIONER/ACCUSED: ------------------------------------ SHAMS MUHHAMED, S/O.MUHHAMADKUNJU, BOSS CONSULTANCY, ALAPPAT BUILDING, MARKET ROAD, COCHIN. BY ADV. SRI.VINCENT JOSEPH RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2044 OF 2008 A ```````````````````````````````````````````````````` Dated this the 3rd day of April, 2008 O R D E R Application for anticipatory bail. Petitioner is the sole accused in a crime registered alleging offences punishable, inter alia, under section 420 IPC. That is the only non-bailable offence alleged. The crux of the allegations against the petitioner is that he, who runs an employment consultancy agency, was approached by the de facto complainant for making available to him the service of a maid servant. An amount of Rs.4,600/- was allegedly paid by the de facto complainant to the petitioner. A maid servant was sent for work with the de facto complainant. The said maid servant allegedly left employment within a period of one week. The de facto complainant allegedly went back to the petitioner and demanded return of money. The money was not returned. It is in these circumstances alleged that the BA.2044/08 : 2 : offence under section 420 IPC has been committed by the petitioner. 2. The learned counsel for the petitioner submits that the petitioner is not guilty of any offences alleged. Even going by the averments the service of a male servant had been made available and there is no element of offence of cheating revealed from the allegations raised. At any rate, the petitioner is willing to co-operate with the investigators. He may not be subjected to endure the trauma of arrest and incarceration. Appropriate directions may be issued in favour of the petitioner under section 438 Cr.P.C., submits the learned counsel for the petitioner. 3. The learned Public Prosecutor does not oppose the application and I am satisfied, in the facts and circumstances of the case, that the petitioner can be granted anticipatory bail now subject to appropriate terms and conditions. 4. In the result, this petition is allowed. Following directions are issued under Section 438 Cr.P.C in favour of BA.2044/08 : 3 : the petitioner. i) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 10.4.2008. He 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) The petitioner shall make himself available for interrogation before the investigating officer between 10 a.m and 3 p.m on 11.4.2008. 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, he 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 thereafter stand revoked and the police shall be at liberty BA.2044/08 : 4 : 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 10.4.2008, 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 10.4.2008. (R.BASANT, JUDGE) aks