IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 Bail Appl..No. 6744 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.6087/2008 CRIME NO.736/08 OF VAIKOM POLICE STATION PETITIONER/ACCUSED -------------------------------------- 1. SHAJI, PUTHENTHARA VEETTIL, PALLIPURATHUSSERI, VAIKOM. 2. BINDU, W/O.SHAJI, PUTHENTHARA VEETTIL, PALLIPURATHUSSERI, VAIKOM. BY ADV. SRI.DILIP MOHAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, VAIKOM POLICE STATION. PUBLIC PROSECUTOR SHRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6744 of 2008 ----------------------------------------- Dated this the 5th November, 2008 O R D E R This petition is for anticipatory bail. 2. The alleged offences are under Sections 420 and 34 of the Indian Penal Code. According to prosecution, deposits were received from de facto complainant by accused 1 to 3 promising to pay high interest. But, neither the interest was paid nor the amount was returned and thereby de facto complainant was cheated by accused 1 to 3. 3. Petitioners are accused 1 and 3 in the crime. They are husband and wife. First accused is the Managing Partner of the firm and third accused is not a partner as revealed from the partnership deed which is produced herewith. He also submitted that an action council was constituted by the political parties to settle the issues. The first accused sold certain properties and raised Rs.1.5 crores for distribution to various creditors and the said money was entrusted with the action council in December, 2007. but, the said amount was not distributed among the creditors and hence, complaints after complaints are being filed. The petitioners are facing threat of arrest and detention of such cases filed by various creditors. However, in an earlier application for anticipatory bail filed by accused 1 and 2, BA.6744/08 2 this Court granted anticipatory bail as per order dated 21.10.2008 in B.A.No.6455 of 2008. 4. Taking into consideration the peculiar circumstances, this court while granting anticipatory bail to accused 1 and 2 also directed that the accused shall take necessary steps before the respective courts for reference of the cases to Lok Adalat, after giving notice to the action council. It was also observed by this Court in the order that if any application is filed for reference, the case shall be referred and posted before the Lok Adalat without any bail. Learned Sessions Judge was also directed to ensure that all such cases are posted before the Lok Adalat which was presided over by a competent senior judicial officer of the district. 5. Learned counsel for petitioners also submitted that first accused is prepared to settle the whole issue and he is taking steps to see that the cases are referred to the Lok Adalat for amicable settlement by impleading the action council also, it is submitted. He is also taking all steps possible to raise money and see that all creditors are paid the amount due. He could not pay the money only due to peculiar circumstances and the accused had no intention to cheat any person and no offence under Section 420 IPC strictly going by the language of the Section, it is submitted. It is also submitted that steps are being taken for reference of this case to the Lok Adalat for settlement and that some cases are also referred to the Lok Adalat and it is pending consideration before the Lok Adalat. BA.6744/08 3 6. Learned Public Prosecutor submitted that on consideration of the facts and circumstances, this Court had granted anticipatory bail in similar case to the co-accused. It is also submitted that this is a fit case to be referred to the Lok Adalat for settling the issues and hence he has no objection in granting anticipatory bail to the petitioners, especially since willingness is shown by the co-accused to pay off all the debt by entrusting the amount to the action council as early as in 2007. 7. On hearing both sides, considering the peculiar facts and circumstances of the case and taking into consideration the willingness shown to pay off the debt etc., I find that anticipatory bail can be granted to the petitioners on conditions. Hence, the following order is passed: Petitioners shall surrender before the investigating officer within seven days from today and in the event of their arrest, they shall be released on bail on their executing bond for Rs.25,000/- each with two solvent sureties each for the like sum to the satisfaction of the arresting officer on the following conditions: i) Petitioners shall co-operate with the investigation. ii) Petitioners shall report before the investigating officer as and when directed. Petition is allowed. K.HEMA, JUDGE vgs.