IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4396 of 2009() -------------------------------------- CRIME NO.97/2009 OF MANARCADU POLICE STATION, KOTTAYAM. PETITIONERS/ACCUSED: --------------------------------------- 1. V.D.JOSEPH, S/O.DEVASSIA, AGED 55 YEARS, VALLANT HOUSE, KALKANDY P.O., MANNARKKAD. 2. PASTOR JACOB THOMAS, S/O.THOMAS, VENGALLUR HOUSE, VAZHOOR P.O., KOTTAYAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4396 of 2009 ------------------------------------ Dated this the 7th day of September, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.97/2009 of Manarcadu Police Station, Kottayam . 2. The offences alleged against the petitioners are under Sections 406 and 420 of the Indian Penal Code. 3. The prosecution case is that assuring admission in a college in Canada for the son of the defacto complainant, the petitioners received a sum of Rs.4,00,000/- from the defacto complainant. Though admission was arranged, the son of the defacto complainant could not go to Canada as no visa was obtained. According to the defacto complainant, the petitioners are liable for the offences under Sections 406 and 420 of the Indian Penal Code. According to the petitioners, the son of the defacto complainant could not go abroad only on account of failure to get the visa and that the petitioners cannot be blamed for the same. It is also pointed out that the petitioners have paid B.A. No.4396 /2009 2 back a sum of Rs.2,31,000/-, part of which is evidenced by Annexure II. It is also submitted that subsequently the petitioners and the defacto complainant have entered into an agreement, whereby the petitioners have agreed to repay the entire balance amount. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail can be granted to the petitioners. There will be a direction that in the event of the arrest of the petitioners, the officer in charge of the police station shall release them on bail on their executing bond for Rs.25,000/- each with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: A) The petitioners shall appear before the investigating officer for interrogation as and when required; B) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence. C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail. B.A. No.4396 /2009 3 D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. K.T. SANKARAN, JUDGE scm