IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 884 of 2008() ---------------------------- [CRIME NO.58/2008 OF PARAVOOR POLICE STATION] PETITIONER/ACCUSED ------------------------ R. BENEDICT, AGED 58 YEARS S/O.RAJAPPAN CRUEZ, PARAPPURATHU VEEDU KALAKKODU P.O., POOTHAKULAM VILLAGE KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANT ------------------------ 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. S.I. OF POLICE PARAVOOR POLICE STATION OF KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.884 of 2008 ---------------------------------------- Dated this the 20th day of February 2008 O R D E R Application for anticipatory bail. The petitioner is the second accused. Altogether there are three accused persons. Accused 1 and 3 are the sons of the second accused. The de facto complainant was allegedly promised employment abroad by the first accused. He had received an amount of Rs.2.25 lakhs from the de facto complainant and had allegedly handed over the same to the petitioner herein who received it and kept it. The de facto complainant was given a visa for employment in Israel. She went there and was employed for seven months. She returned later with the grievance that the job offered was not of the type that was contemplated when the amount was paid. On her complaint, the crime has been registered alleging the offence punishable under Section 420 read with 34 I.P.C. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. Even accepting the entire allegations there are no elements of the offence of cheating brought out against the petitioner. The petitioner may be granted anticipatory bail, submits the learned counsel for the petitioner. B.A.No.884/08 2 3. The learned Public Prosecutor does not oppose the application. I am satisfied, in the facts and circumstances of this case that the petitioner can be granted anticipatory bail subject of course to appropriate conditions which shall 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) Petitioner shall surrender before the learned Magistrate having jurisdiction at 11 a.m on 27/02/2008. 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 1 p.m on 28/02/2008. 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 B.A.No.884/08 3 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 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 27/02/2008, 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 27/02/2008. (R.BASANT, JUDGE) jsr B.A.No.884/08 4 B.A.No.884/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007